[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 [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]
BILLING CODE 6712-01-P