[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56373-56375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15057]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID 230207]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Communications Commission (FCC, Commission, or 
Agency) has modified an existing system of records, FCC/OLA-1, 
Legislative Management Tracking System (LMTS), 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 FCC's Office of Legislative Affairs (OLA) uses this system 
to maintain the personally identifiable information (PII) contained in 
the Commission's Legislative Management Tracking System (LMTS).

DATES: This modified system of records will become effective on July 9, 
2024. Written comments on the routine uses are due by August 8, 2024. 
The routine uses in this action will become effective on August 8, 2024 
unless comments are received that require a contrary determination.

ADDRESSES: Send comments to Brendan McTaggart, Attorney-Advisor, Office 
of General Counsel, Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554, or to [email protected].

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
[email protected].

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OLA-1 as a result of the various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/OLA-1 system of records include:
    1. Adding five new routine uses: (1) Litigation; (2) Adjudication; 
(3) Law Enforcement and Investigation; (8) Assistance to Federal 
Agencies and Entities Related to Breaches, the addition of which is 
required by OMB M-17-12; and (9) Nonfederal Personnel.
    2. Updating and/or revising language in three routine uses (listed 
by the routine use number provided in this notice): (4) Government-wide 
Program Management and Oversight; (5) Congressional Inquiries; and (7) 
Breach Notification, the modification of which is required by OMB M-17-
12.
    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, retention, disposal and 
retrieval of the information; administrative, technical, and physical 
safeguards; and updated notification, records access, and contesting 
records procedures.

SYSTEM NAME AND NUMBER:
    FCC/OLA-1, Legislative Management Tracking System (LMTS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    OLA, FCC, 45 L St. NE, Washington, DC 20554.

SYSTEM MANAGER(S):
    OLA, FCC, 45 L St. NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 44 U.S.C. 3101; 47 U.S.C. 154(i), (j), and (k), and 
47 U.S.C. 155(a).

PURPOSE(S) OF THE SYSTEM:
    OLA uses the LMTS to store, track, and manage correspondence to or 
from the members of the U.S. House of Representatives, the U.S. Senate, 
and the Vice President and President of the United States. This 
correspondence may include attachments that could contain PII from 
individuals (members of the public at large) who contacted their 
Congressional Representative(s), Senator(s), and/or the Vice President 
or President concerning various telecommunications issues affecting 
them, e.g., telephone and cable bills, etc. In addition, LMTS tracks 
correspondence regarding FCC employees who have requested Congressional 
assistance with their personal employment issues at the Commission, 
e.g., hiring and promotion matters, etc.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in the Legislative Management 
Tracking System (LMTS) include members of the U.S. House of 
Representatives, Senators, and the Vice President and President of the 
United States; members of the public at large; and FCC employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the LMTS may include:
    1. Members of the public at large: individual's name, home address, 
home telephone number(s), personal cell phone number(s), account 
number(s) for telephone, cell phone, cable television, and satellite 
television services, and other, miscellaneous information that an 
individual may include in his/her Congressional (constituent) 
complaint(s) and/or consumer complaints, etc.; and
    2. FCC employees: individual's name, home address, home telephone 
number(s), personal cell phone number(s), FCC employment records, and 
other miscellaneous, information that a Commission employee may include 
in a complaint or request.

RECORD SOURCE CATEGORIES:
    The sources for the information in the LMTS are Congressional and 
Executive Branch correspondence, including attachments, which may 
include complaints related to telephone, wireless, and cable billing or 
service;

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licensing inquiries; or other inquiries on issues under FCC 
jurisdiction, etc., submitted by constituents (members of the public at 
large); or personnel actions or complaints from constituents who are 
FCC employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information about individuals in this system of records may 
routinely be disclosed under the following conditions:
    1. 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 Department of Justice is for a purpose that is 
compatible with the purpose for which the FCC collected the records.
    2. 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.
    3. 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.
    4. Government-wide Program Management and Oversight--Information 
may be disclosed to the Department of Justice (DOJ) to obtain that 
department's advice regarding disclosure obligations under the Freedom 
of Information Act (FOIA); or to the Office of Management and Budget 
(OMB) to obtain that office's advice regarding obligations under the 
Privacy Act.
    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 the 
information pertains.
    6. Executive Branch Inquiries--Records may be shared with other 
Federal agencies, including the White House and OMB, to assist 
individuals whose information is contained in this system.
    7. 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 breach 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.
    8. 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.
    9. Non-Federal Personnel--Information 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 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:
    Electronic records in this system reside on the FCC or a vendor's 
network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in the LMTS is retrieved by the correspondence log-in 
file number, Congressional Representative's name, and/or type of 
complaint, etc. Regardless of the circumstances, OLA always redacts the 
Social Security Number and birthdate before entering a document into 
LMTS. Other personally identifiable information (PII) in an attachment 
may also be redacted prior to filing the correspondence if it is not 
relevant to the complaint or inquiry.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this system is maintained and disposed of in 
accordance with the National Archives and Records Administration (NARA) 
Records Schedules N1-173-92-002, Office of Legislative Affairs Records, 
and N1-173-96-001, Office of Legislative and Intergovernmental Affairs 
Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records, files, and data are stored within FCC or a 
vendor's accreditation boundaries and maintained in a database housed 
in the FCC's 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 
the 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).

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about

[[Page 56375]]

themselves should follow the Notification Procedures below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to contest information pertaining to him or her 
in the system of records 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 23811 (April 28, 2011).

Federal Communications Commission.
Aleta Bowers,
Information Management Specialist, Office of the Secretary.
[FR Doc. 2024-15057 Filed 7-8-24; 8:45 am]
BILLING CODE 6712-01-P