[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Notices]
[Pages 20009-20011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10265]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act Systems of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a reinstated and revised Privacy Act System of
Records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5
U.S.C. 552), the Federal Communications Commission's Information
Technology Center, is reinstating and revising the system of records
entitled ``FCC Telephone Call Detailing Records, FCC/Central-8''. This
notice meets the requirement of documenting the change to the
Commission's system of records inventory, and provides the public,
Congress and the Office of Management and Budget (OMB) an opportunity
to comment.
DATES: Any interested person may submit written comments concerning the
routine uses of this system on or before May 27, 1997. OMB, which has
oversight responsibility under the Privacy Act to review the system may
submit comments on or before June 3, 1997. This system becomes
effective without further notice on June 3, 1997 unless the comments
received cause the Commission to change its decision.
ADDRESSES: Address comments to Wanda Sims, Office of the Managing
Director, Federal Communications Commission, Room 420-C, 1919 M Street,
NW. Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Dorothy Conway, Privacy Act Liaison,
at (202) 418-0217 or via internet at dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: The purpose of maintaining telephone call-
detail records is to determine whether a Federal employee has placed or
received unauthorized long-distance or cellular calls charged to the
government.
FCC/Central--8
System name
Telephone Call Detail Records.
System location
Office of Managing Director, Information Technology Center,
Operations Group, Federal Communications Commission (FCC), 1919 M
Street, Washington, DC 20554. The records are paper, electronic, and
CD-ROM. The scope of records includes calls made to or from FCC
telephones.
Categories of individuals covered by the system
Individuals originating calls from FCC telephones and individuals
receiving such calls; individuals placing calls to or charging calls to
FCC telephones (including cellular telephones); and individuals
receiving such calls, or accepting the charges. The primary record
subjects are current and former
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FCC employees, as well as individuals employed under any employment
arrangement such as a contract or cooperative agreement; grantees; or
other persons performing on behalf of FCC. Incidental to the coverage
of the primary record subjects are non-employees who may be identified
by telephone number during an inquiry or investigation relating to a
potential improper or unofficial use of Government telephones or other
illegal or improper activity by the primary record subject.
Categories of records in the system
Records in the system of records relate to telephone calls placed
to and from FCC phones, and the assignment of telephone numbers to
employees and the location of the telephones in the Commission. Since
this system includes cellular telephones any local call to or from a
cellular telephone would be included. The records may include such
information as the number called from, the number called, time and date
of call, duration, disposition and cost of the call and/or charges
accepted, and the FCC component to which the relevant telephone numbers
are assigned. In addition the system may include copies of related
records, e.g., any periodic summaries which may have been compiled to
reflect the total number of long distance calls. The database(s) from
which telephone numbers are retrieved contains employees names, and
office locations, but no other personal identities such as social
security numbers. The CD-ROM files contain the agency telephone bills
which provide details on all calls to and from Commission telephones.
The paper files consist of a combination of the database and CD-ROM
files.
Authority for maintenance of the system
This system of records is maintained pursuant to 44 U.S.C. 3101,
which authorizes agencies to create and preserve records documenting
agency organizations, functions, procedures, and transactions; 31
U.S.C. 1348(b), which authorizes the use of appropriated funds to pay
for long distance calls only if required for official business or
necessary in the interests of the Government; 47 U.S.C. 154(i), which
authorizes the Commission to take actions necessary to execute its
functions; 5 CFR 2635.704(a), which prohibits use of Government
property for other than authorized purposes; and 41 CFR 201-21.601 and
201-21.602, which require that Government telecommunications systems be
used for official purposes only, and authorizing agencies to collect
for unauthorized calls.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses
The Commission does not normally disclose records from this system
of records. However, in the event it is appropriate, disclosure of
relevant information may be made in accordance with the provisions of 5
U.S.C. 552a(b). Records and data may be disclosed as necessary pursuant
to 5 U.S.C. 552a(b)(3):
1. To a member of Congress or to a Congressional staff member in
response to an inquiry of the Congressional office made at the written
request of the constituent about whom the record is maintained;
2. To representatives of the General Services Administration or the
National Archives and Records Administration who are conducting records
management inspections under the authority of 44 U.S.C. 2904 and 2906;
3. To the Department of Justice when: (a) The agency or any
component thereof; or (b) any employee of the agency 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 by careful
review, the agency determines that the records are both relevant and
necessary to the litigation and the use of such records by the
Department of Justice is therefore deemed by the agency to be for a
purpose that is compatible with the purpose for which the agency
collected the records;
4. To 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, and by careful review, the
agency determines that the records are both relevant and necessary to
the litigation and the use of such records is therefore deemed by the
agency to be for a purpose that is compatible with the purpose for
which the agency collected the records;
5. To law enforcement agencies 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 agency, whether Federal, foreign, State, local,
or 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;
6. To agency contractors, grantees, experts, consultants or
volunteers who have been engaged by the agency to assist in the
performance of a service related to this system of records and who need
to have access to the records in order to perform the activity.
Recipients shall be required to comply with the requirements of the
Privacy Act of 1974, as amended, pursuant to 5 USC 552a(m);
7. To the National Finance Center (the Commission's designated
payroll office), the Department of Treasury Debt Management Services
and/or a current employer to effect a salary, IRS tax refund or
administrative offset to satisfy an indebtedness incurred for
unofficial telephone and cellular calls; and to Federal agencies to
identify and locate former employees for the purpose 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, and the Debt Collection Improvement Act of 1996 or the
Computer Matching and Privacy Protection Act of 1988 as appropriate,
have been taken;
8. To Federal, State, local or foreign 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; and
9. To a Federal, State, local, foreign, or tribal or other public
authority 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,
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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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System
Storage
Records are maintained electronically, on paper and on CD-ROM.
Retrievability
Records are retrieved by bureau or office name, the employee name,
by name of recipient of telephone call, and by telephone number.
Safeguards
Paper and CD-ROM records are maintained in file cabinets in offices
which are locked at the end of each business day. Information in the
database is secured through controlled access and passwords restricted
to administrative office personnel.
Retention and Disposal
Records are disposed of in accordance with General Records Schedule
12, National Archives and Records Administration.
System Manager(s) and Address
Appropriate bureau or office chief and first line supervisors in
the Commission located at 1919 M Street, N.W.; 2025 M Street, N.W.;
2000 M Street, N.W.; 2100 M Street, N.W.; 1250 23rd Street, N.W; 2000 L
Street, N.W.; Washington, D.C. 20554 and the Compliance and Information
Bureau Field Offices.
Notification Procedure
Inquiries regarding this system should be addressed to the system
manager Office of Managing Director, Information Technology Center,
Operations Group, Federal Communications Commission (FCC), 1919 M
Street, Washington, D.C. 20554.
Record Access Procedures
Same as above.
Contesting Record Procedures
Same as above.
Record Source Categories
Telephone assignment records; call detail listings; results of
administrative inquiries relating to assignment of responsibility for
placement of specific long distance calls.
Exemptions Claimed for the System
None.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-10265 Filed 4-23-97; 8:45 am]
BILLING CODE 6712-01-P
