Privacy Act Systems of Records

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 [email protected].

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]

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