Privacy Act of 1974; System of Records, 10721-10725 [2018-04943]
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Deployment by Removing Barriers to
Infrastructure Investment, WC Docket
No. 17–84, Report and Order,
Declaratory Ruling, and Further Notice
of Proposed Rulemaking, FCC 17–154
(rel. Nov. 29, 2017) (Wireline
Infrastructure Order), the Commission,
among other things, expanded the type
of pole attachment complaints that can
be filed by ILECs, now allowing them to
file complaints related to a denial of
pole access by utilities. The
Commission will use the information
collected under this revision to 47 CFR
1.1424 to hear and resolve pole access
complaints brought by ILECs and to
determine the merits of the complaints.
OMB Control Number: 3060–0741.
Title: Accelerating Wireline
Broadband Deployment by Removing
Barriers to Infrastructure Investment,
GN Docket No. 17–84.
Form Number(s): N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 5,357 respondents; 573,928
responses.
Estimated Time per Response: 0.5–4.5
hours.
Frequency of Response: On occasion
reporting requirements; recordkeeping
and third-party disclosure requirements.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 222 and 251.
Total Annual Burden: 575,448 hours.
Total Annual Cost: No cost.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: Section 251 of the
Communications Act of 1934, as
amended, 47 U.S.C. 251, is designed to
accelerate private sector development
and deployment of telecommunications
technologies and services by spurring
competition. Section 222(e) is also
designed to spur competition by
prescribing requirements for the sharing
of subscriber list information. These
information collection requirements are
designed to help implement certain
provisions of sections 222(e) and 251,
and to eliminate operational barriers to
competition in the telecommunications
services market. Specifically, these
information collection requirements
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will be used to implement (1) local
exchange carriers’ (‘‘LECs’’) obligations
to provide their competitors with
dialing parity and non-discriminatory
access to certain services and
functionalities; (2) incumbent local
exchange carriers’ (‘‘ILECs’’) duty to
make network information disclosures;
and (3) numbering administration. The
Commission estimates that the total
annual burden of the entire collection,
as revised, is 575,840 hours. This
revision relates to a change in one of
many components of the currently
approved collection—specifically,
certain reporting, recordkeeping and/or
third-party disclosure requirements
under section 251(c)(5). In November
2017, the Commission adopted new
rules concerning certain information
collection requirements implemented
under section 251(c)(5) of the Act,
pertaining to network change
disclosures. Most of the changes to
those rules apply specifically to a
certain subset of network change
disclosures, namely notices of planned
copper retirements. In addition, the
changes remove a rule that prohibits
incumbent LECs from engaging in useful
advanced coordination with entities
affected by network changes. The
changes are aimed at removing
unnecessary regulatory barriers to the
deployment of high-speed broadband
networks. As a result of these changes,
the total annual burden hours have been
reduced by 392 hours. The Commission
estimates that the revision does not
result in any additional outlays of funds
for hiring outside contractors or
procuring equipment.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018–04946 Filed 3–9–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a Modified System of
Records.
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) has modified an existing
system of records, FCC/OMD–16,
Personnel Security Files, 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
SUMMARY:
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the existence and character of records
maintained by the agency. The FCC’s
Security Operations Center (SOC) in the
Office of Managing Director (OMD) uses
this system of records to cover the
personally identifiable information (PII)
that is associated with the
administration of the policies and
activities that include, but are not
limited to determining compliance with
Federal regulations, and/or an
individual’s suitability for access to
classified information and/or a security
clearance; evaluating an applicant’s
suitability to perform contractual
services for the FCC; evaluating an
individual’s suitability for Federal
internships, including access to Federal
systems and information; responding to
complaints of threats, harassment,
violence, or other inappropriate
behavior at the FCC; and documenting
security violations and related activities,
including insider threats.
DATES: This action will become
applicable on March 12, 2018. The
routine uses in this action will become
applicable on April 11, 2018 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to Leslie F.
Smith, Privacy Manager, Information
Technology (IT), Room 1–C216, Federal
Communications Commission, 445 12th
Street SW, Washington, DC 20554, or to
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, (202) 418–0217, or
Leslie.Smith@fcc.gov (and to obtain a
copy of the Narrative Statement and the
Supplementary Document).
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
FCC/OMD–16, Personnel Security Files,
to add insider threats to the list of
purposes and to make other
miscellaneous but necessary updates
and changes since its previous
publication. The substantive changes
and modifications to the previously
published version of the FCC/OMD–16
system of records include:
1. (a) Expansion of the system’s
purposes to add insider threats to the
list of safety and security criteria that
the Security Operations Center will use
to evaluate and assign employees,
contractors, and interns an appropriate
security level and to guard against the
potential risks posed by insider threats.
(b) Deletion of the President’s
Program to Eliminate Waste, Fraud, and
Abuse—there is no current information
that this program is still in existence.
2. Expansion of the categories of
individuals to include security
personnel (contractors) to the list of
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individuals who are authorized to
perform, provide, or use FCC facilities.
3. Expansion of the categories of
records to add Taxpayer Identification
Numbers (TINs), Personal Identity
Verification (PIV) data, facial
photographs and other biometric data,
and office and personal email addresses
of FCC employees; personal telephone
and email address(es) of relatives who
are Federal employees; financial
information (in addition to tax data and
credit reports) for employee background
investigations; insider threat activity
data concerning FCC employees; office
and home email addresses of
witness(es), injured parties, and others
as part of an investigation of violence,
threats (including insider threats),
harassment, and intimidation to the PII
that this system will collect, maintain,
and use.
4. Replacing two routine uses: (1)
Litigation by the Department of Justice
and (2) A Court or Adjudicative Body,
with (1) Adjudication and Litigation.
5. Updating language and/or
renumbering two routine uses: (2) Law
Enforcement and Investigation; (3)
Congressional Inquiries; (4)
Government-wide Program Management
and Oversight; (5) Contract Services,
Grants, or Cooperative Agreements; (11)
Labor Relations; and (13) National
Security and Intelligence Matters.
6. Adding eight new routine uses: (6)
Non-FCC Individuals and Organizations
to obtain information pertinent to an
investigation from these individuals; (7)
Complainants and Victims to provide
the complainants and victims with
information concerning an investigation
involving them; (8) Office of Personnel
Management (OPM) to OPM et al. to
properly administer Federal personnel
systems and related agencies’ systems;
(9) Employment, Clearances, Licensing,
Contract, Grants, or other Benefit
Decisions by the FCC to allow the
Commission to obtain information
relevant to a FCC decision concerning
an employee; (10) Employment,
Clearances, Licensing, Contract, Grants,
or other Benefit Decisions by other than
the FCC to allow the Commission to
provide information relevant to another
government agency’s decision
concerning an employee; (12) Security
Officials and Investigators to provide
information to the officials for liaison
and training purposes on classified
materials; and (14) Breach Notification
to address the Commission’s real or
suspected data breach situations; and
(15) Assistance to Federal Agencies and
Entities for assistance with other
Federal agencies’ data breach situations.
Routine Uses (14) and (15) are required
by OMB Memorandum m–17–12.
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7. Adding a new section: Reporting to
a Consumer Reporting Agency to
address valid and overdue debts owed
by individuals to the FCC under the
Debt Collection Act, as recommended by
OMB.
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, retrieval, and retention and
disposal of the records; administrative,
technical, and physical safeguards; and
updated notification, records access,
and contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD–16, Personnel Security
Files.
SECURITY CLASSIFICATION:
Most personnel identity verification
records are not classified. However, in
some cases, records of certain
individuals, or portions of some records
may have national defense/foreign
policy classifications.
areas, position sensitivity, security
clearances, evaluations of qualifications,
and loyalty to the United States, and to
document such determinations;
2. Evaluating an applicant’s
qualifications and suitability to perform
contractual services for the U.S.
Government and documenting such
determinations;
3. Evaluating the eligibility and
suitability of students, interns, or
volunteers to the extent that their duties
require access to FCC and other Federal
facilities, information, systems, or
applications, and documenting such
determinations;
4. Taking action on, or responding to
a complaint about a threat, harassment,
intimidation, violence, or other
inappropriate behavior involving one or
more FCC employees and/or contract
employees, and counseling employees;
and
5. Documenting security violations,
including but not limited to insider
threats, and the resulting management
actions that would be taken.
SYSTEM LOCATION:
Security Operations Center, Assistant
Managing Director—Administrative
Offices (AMD–AO), Office of Managing
Director (OMD), Federal
Communications Commission (FCC),
445 12th Street SW, Washington, DC
20554.
SYSTEM MANAGER(S) AND ADDRESS:
Security Operations Center (SOC),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street SW, Washington,
DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Depending upon the purpose(s) for
the investigation, the U.S. government is
authorized to ask for this information
under 5 U.S.C. 1303, 1304, 3301, 7902,
9101; 42 U.S.C. 2165 and 2201; 50
U.S.C. 781 to 887; 5 CFR parts 5, 732,
and 736; Executive Orders 9397, 10450,
10865, 12196, 12333, 12356, and 12674,
13587; and Homeland Security
Presidential Directive (HSPD) 12, Policy
for a Common Identification Standard
for Federal Employees and Contractors,
August 27, 2004.
PURPOSE(S):
The FCC’s Security Operations Center
(SOC) staff uses this information to
document and support decisions that
include, but are not limited to:
1. Determining compliance with
Federal regulations and/or making a
determination about an individual’s
suitability, eligibility, and fitness for
Federal employment, access to
classified information or restricted
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The individuals in this system
include but are not limited to:
1. Current and former Federal
Communications Commission (FCC
employees; including Commission
retirees and those who resigned from
the Commission, other Federal
employees; applicants for employment
in the Federal Government or contracts;
FCC contractors, experts, instructors,
consultants, grantees, and all other
individuals who may require regular,
on-going access to the FCC’s buildings
and facilities, information technology
(IT) systems, or information classified in
the interest of national security; and
individuals formerly in any of these
positions;
2. Individuals who are authorized to
perform, provide, or to use services in
FCC facilities (either on an ongoing or
occasional basis), including, but not
limited to FCC credit union employees,
security personnel, custodial staff,
maintenance workers, food service
workers, contractors, and employee
assistance program staff;
3. Individuals who are neither
applicants nor employees of the Federal
Government, but who are or were
involved in Federal programs under cooperative agreements or other
arrangements (both paid and unpaid),
including, but not limited to students
and interns; and
4. Individuals who have been accused
of security violations, including
potential insider threat activity.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include, but are not limited to:
1. The information, as applicable, that
is needed to identify an individual,
including but not limited to the
individual’s last, first, and middle
names, and former name(s), Social
Security Number (SSN)/Taxpayer
Identification Number (TIN), Personal
Identity Verification (PIV) data, date of
birth, birthplace, facial photograph(s)
and/or other biometric data, home
address, home telephone number(s),
residential history, office and personal
email address(es), organizational
(bureau/office) unit, and position title;
2. Background information that
includes but is not limited to the
individual’s citizenship, types and dates
of investigations, agency conducting
investigation, investigation dates,
security clearance(s) 1 and grant date(s),
and position sensitivity level(s), and
miscellaneous investigation comments
and records;
3. Names of relatives, birth date(s),
home address(es), personal telephone
number, email address(es), citizenship,
and relatives who work for the Federal
government;
4. Contact with foreign officials and
foreign travel registries, as applicable;
5. Reports that include, but are not
limited to information that determines
the individual’s qualifications for a
position, including but not limited to
the employee/applicant’s employment/
work history, summary report of
investigation(s), results of suitability
decision(s), employment references, and
contact information, and educational/
training institutions attended, degrees
and certifications earned, and
educational and training references;
6. Background information that
includes but is not limited to what is
required to investigate an individual’s
character, conduct, and behavior in the
community where he or she lives or
lived; criminal history, including but
not limited to arrests and convictions
for violations against the law; mental
health history; drug use history;
financial information that includes but
is not limited to income tax return
information, credit reports, and related
financial information; reports that
include but are not limited to
information obtained from interviews
with present and former supervisors, coworkers, associates, educators, and
other related personal references and
contact information;
7. Reports that include, but are not
limited to inquiries with law
enforcement agencies, employers, and
reports of action after the Office of
Personnel Management (OPM) or FBI
Section 8(d) Full Field Investigation;
Notices of Security Investigation and
other information developed from
‘‘Certificates of Clearance,’’ 2 including.
but not limited to date(s) of security
clearances, requests for appeals, witness
statements, investigator’s notes, security
violations, circumstances of violations,
and agency action(s) taken;
8. Information needed to investigate
allegations of FCC employee’s
misconduct, including but not limited
to identifying any insider threats and
related activities;
9. Information needed to investigate
miscellaneous complaints not covered
by the FCC’s formal or informal
grievance procedure;
10. Information including, but is not
limited to what is needed to investigate
violence, threats, harassment,
intimidation, insider threat activity, or
other inappropriate behavior causing an
FCC employee, contractor, or visitor to
fear for his/her personal safety in the
FCC workplace: Case number, victim’s
name, office telephone number, room
number, office email address,
organizational unit, duty station,
position, supervisor, supervisor’s
telephone number, location of incident,
activity at time of incident,
circumstances surrounding the incident,
perpetrator, name(s) and telephone
number(s) and email address(es) of
witness(es), injured party(s), medical
treatment(s), medical report, property
damages, report(s) to police and/or
Federal Protective Services, and related
miscellaneous information; and
11. Information obtained from sources
that include but are not limited to SF–
85, SF–85P, SF–86, and SF–87 forms,
summary reports from OPM or another
Federal agency conducting background
investigations, and results of
adjudications, and security violations.3
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
2 Op.
cite.
system of records does not duplicate or
supersede the Office of Personnel Management
(OPM): OPM/Central-9 system of records, which
covers the investigations OPM and its contractors
conduct on behalf of other agencies at: https://
www.opm.gov/information-management/privacypolicy/sorn/opm-sorn-central-9-personnelinvestigations-records.pdf.
3 This
1 A security clearance (i.e., ‘‘Certificate of
Clearance’’) is a government document authorizing
a specific security status granted to an individual
allowing the person access to classified information
(state or organizational secrets) or to restricted
areas, after completion of a thorough background
check).
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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. In each of these cases, the FCC
will determine whether disclosure of
the records is compatible with the
purpose(s) for which the records were
collected.
1. Adjudication and Litigation—To
disclose information to the Department
of Justice (DOJ), or other administrative
body before which the FCC is
authorized to appear, 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 DOJ or the FCC has agreed to
represent the employee; or (d) the
United States is a party to litigation or
has an interest in such litigation, and
the use of such records by DOJ or the
FCC is deemed by the FCC to be
relevant and necessary to the litigation.
2. Law Enforcement and
Investigation—To disclose pertinent
information to the appropriate Federal,
State, or local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where the FCC becomes aware
of an indication of a violation or
potential violation of civil or criminal
law or regulation;
3. Congressional Inquiries—To
provide information to a Congressional
office from the record of an individual
in response to an inquiry from that
Congressional office made at the request
of that individual;
4. Government-wide Program
Management and Oversight—To the
National Archives and Records
Administration (NARA) for use in its
records management inspections; to the
Government Accountability Office
(GAO) for oversight purposes; to the
U.S. 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. Contract Services, Grants, or
Cooperative Agreements—To FCC
contractors, grantees, or 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. Recipients shall be required to
comply with the requirements of the
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Privacy Act of 1974, as amended, 5
U.S.C. 552a.
6. Non-FCC Individuals and
Organizations—To individuals,
including former FCC employees, and
organizations in the course of an
investigation to the extent necessary to
obtain information pertinent to the
investigation.
7. Complainants and Victims—To
individual complainants and/or victims
to the extent necessary to provide such
individuals with information and
explanations concerning the progress
and/or results of the investigation or
case arising from the matter of which
they complained and/or of which they
were a victim.
8. Office of Personnel Management
(OPM)—To OPM management, Merit
Systems Protection Board, Equal
Opportunity Employment Commission,
Federal Labor Relations Authority, and
the Office of Special Counsel for the
purpose of properly administering
Federal personnel systems or other
agencies’ systems in accordance with
applicable laws, Executive Orders, and
regulations.
9. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the FCC—To a
Federal, State, local, foreign, tribal, or
other public agency or authority
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 hiring
or retention of an employee or other
personnel action, the issuance or
retention of a security clearance, the
classifying of jobs, the letting of a
contract, or the issuance or retention of
a license, grant, or other benefit by the
requesting agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decisions on the
matter.
10. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by Other than the
FCC—To a Federal, State, local, foreign,
tribal, or other public agency or
authority of the fact that this system of
records contains information relevant to
the hiring or retention of an employee,
the issuance or retention of a security
clearance, the conducting of a suitability
or security investigation of an
individual, the classifying of jobs, the
letting of a contract, or the issuance or
retention of a license, grant, or other
benefit by the requesting agency, to the
extent that the information is relevant
and necessary to the agency’s decision
on the matter. The other agency or
licensing organization may then make a
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request supported by the written
consent of the individual for the entire
records 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.
11. Labor Relations—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.
12. Security Officials and
Investigators—To Security Officials and
investigators of Federal Government
agencies or departments for liaison or
training purposes where appropriate
during meetings, conferences, or
training courses involving access to
classified materials.
13. National Security and Intelligence
Matters—To Federal, State, local
agencies, or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
government in order to enable an
intelligence agency to carry out its
responsibilities under the National
Security Act of 1947, as amended, the
CIA Act of 1949, as amended, Executive
Order 12333 or any successor order,
applicable to national security
directives, or classified implementing
procedures approved by the Attorney
General and promulgated pursuant to
such statutes, orders, or directives.
14. Breach Notification—To
appropriate agencies, entities, and
person when (1) the Commission
suspects or has confirmed that there has
been a breach of the system of records;
(2) 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 (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with Commission efforts
to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
15. Assistance to Federal Agencies
and Entities—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
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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.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses listed
above, the Commission may share
information from this system of records
with a consumer reporting agency
regarding an individual who has not
paid a valid and overdue debt owed to
the Commission, following the
procedures set out in the Debt
Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Information in this system is
maintained as follows:
1. Electronic data, records, and files
are maintained in a stand-alone
computer database hosted on FCC’s
computer network; and
2. The paper documents, records, and
files are stored in file folders in security
containers in ‘‘non-public’’ rooms of the
SOC office suite. These containers are
locked when not in use and/or at the
end of the day.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by an
individual’s name or Social Security
Number (SSN).
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The records in this information
system are retained and disposed of in
accordance with General Records
Schedule (GRS) 18, item 22a, approved
by the National Archives and Records
Administration (NARA). Both electronic
and paper records are retained during
employment or while an individual is
actively involved in Federal programs.
As appropriate, records are returned to
investigating agencies after employment
terminates; otherwise, the records are
destroyed upon notification of death or
not later than five years after the
employee’s retirement or separation
from the FCC, or the employee’s transfer
to another Federal agency or
department, whichever is applicable.
Investigative files and the computer
database, which show the completion of
an investigation, are retained for 15
years, except for investigations
involving potential actionable issue(s),
which will be maintained for 25 years
plus the current year from the date of
the most recent investigative activity.
In accordance with NARA guidelines,
the FCC destroys paper records by
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shredding; and electronic records are
destroyed by electronic erasure.
Individuals interested in further
information about retention and
disposal may request a copy of the
disposition instructions from the FCC’s
Records Management Office.
amozie on DSK30RV082PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
1. The electronic records, data, and
files are maintained in the FCC
computer network databases, which are
protected by the FCC’s IT privacy
safeguards, a comprehensive and
dynamic set of IT safety and security
protocols and features that are designed
to meet all Federal IT privacy standards,
including those required by the National
Institute of Standard and Technology
(NIST) and the Federal Information
Security Modernization Act of 2014
(FISMA). The protocols cover all
electronic records, files, and data,
including those that are housed in the
FCC’s computer network databases, and
those information system databases that
are housed at the FCC’s authorized
contractor(s).
2. The paper documents and files are
stored in approved security containers,
which are locked when not in use and/
or at the end of the business day. The
security containers are located in a
secure ‘‘non-public’’ part of the Security
Operations Center (SOC) office suite. All
SOC access points are monitored and
controlled. Admittance to the SOC
office suite is limited to approved SOC
and administrative personnel. Access to
the IT offices is via a key and cardcoded door.
3. Some paper records (limited in
number and scope) are also kept in the
FCC’s regional offices and laboratory
facilities. These records are stored in
locked metal file cabinets in locked
rooms, which comply with Federal
security requirements.
4. Only SOC staff and authorized
contractors (including the contractors
who maintain the FCC’s computer
network) may have access to the
electronic data and the paper document
records and files. As a further measure,
access to these electronic records is
restricted to the SOC staff and
contractors who have a specific role in
the Personal Identity Verification (PIV)
process that requires their access to
background investigation information
and related SOC functions. The SOC
maintains an audit trail to monitor
access.
5. Furthermore, as part of these
privacy and security requirements, SOC
staff and contractors must complete
training specific to their roles to ensure
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18:12 Mar 09, 2018
Jkt 244001
that they are knowledgeable about how
to protect PII.
NOTIFICATION PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its notification
procedure for this system of records.
10725
HISTORY:
The FCC last gave full notice of this
system of records, FCC/OMD–16,
Personnel Security Files, by publication
in the Federal Register on September
25, 2006 (71 FR 55787, 55790).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018–04943 Filed 3–9–18; 8:45 am]
RECORD ACCESS PROCEDURES:
BILLING CODE 6712–01–P
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its record access
procedures for this system of records.
FEDERAL COMMUNICATIONS
COMMISSION
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its contesting record
procedure for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a (k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its record sources for
this system of records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR Sections
0.554–0.557 of the Commission’s rules.
These provisions concern the
notification, record access, and
contesting procedures described above,
and also the publication of record
sources. The system is exempt from
these provisions because it contains the
following types of information:
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended. (Information
will be withheld to the extent it
identifies witnesses promised
confidentiality as a condition of
providing information during the course
of the background investigation.)
PO 00000
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Fmt 4703
Sfmt 4703
[OMB 3060–0745]
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before May 11, 2018.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
SUMMARY:
E:\FR\FM\12MRN1.SGM
12MRN1
Agencies
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10721-10725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04943]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
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 or Commission or
Agency) has modified an existing system of records, FCC/OMD-16,
Personnel Security Files, 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 Security
Operations Center (SOC) in the Office of Managing Director (OMD) uses
this system of records to cover the personally identifiable information
(PII) that is associated with the administration of the policies and
activities that include, but are not limited to determining compliance
with Federal regulations, and/or an individual's suitability for access
to classified information and/or a security clearance; evaluating an
applicant's suitability to perform contractual services for the FCC;
evaluating an individual's suitability for Federal internships,
including access to Federal systems and information; responding to
complaints of threats, harassment, violence, or other inappropriate
behavior at the FCC; and documenting security violations and related
activities, including insider threats.
DATES: This action will become applicable on March 12, 2018. The
routine uses in this action will become applicable on April 11, 2018
unless comments are received that require a contrary determination.
ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager,
Information Technology (IT), Room 1-C216, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, or to
[email protected].
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or
[email protected] (and to obtain a copy of the Narrative Statement
and the Supplementary Document).
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OMD-16, Personnel Security Files, to add insider threats to the list of
purposes and to make other miscellaneous but necessary updates and
changes since its previous publication. The substantive changes and
modifications to the previously published version of the FCC/OMD-16
system of records include:
1. (a) Expansion of the system's purposes to add insider threats to
the list of safety and security criteria that the Security Operations
Center will use to evaluate and assign employees, contractors, and
interns an appropriate security level and to guard against the
potential risks posed by insider threats.
(b) Deletion of the President's Program to Eliminate Waste, Fraud,
and Abuse--there is no current information that this program is still
in existence.
2. Expansion of the categories of individuals to include security
personnel (contractors) to the list of
[[Page 10722]]
individuals who are authorized to perform, provide, or use FCC
facilities.
3. Expansion of the categories of records to add Taxpayer
Identification Numbers (TINs), Personal Identity Verification (PIV)
data, facial photographs and other biometric data, and office and
personal email addresses of FCC employees; personal telephone and email
address(es) of relatives who are Federal employees; financial
information (in addition to tax data and credit reports) for employee
background investigations; insider threat activity data concerning FCC
employees; office and home email addresses of witness(es), injured
parties, and others as part of an investigation of violence, threats
(including insider threats), harassment, and intimidation to the PII
that this system will collect, maintain, and use.
4. Replacing two routine uses: (1) Litigation by the Department of
Justice and (2) A Court or Adjudicative Body, with (1) Adjudication and
Litigation.
5. Updating language and/or renumbering two routine uses: (2) Law
Enforcement and Investigation; (3) Congressional Inquiries; (4)
Government-wide Program Management and Oversight; (5) Contract
Services, Grants, or Cooperative Agreements; (11) Labor Relations; and
(13) National Security and Intelligence Matters.
6. Adding eight new routine uses: (6) Non-FCC Individuals and
Organizations to obtain information pertinent to an investigation from
these individuals; (7) Complainants and Victims to provide the
complainants and victims with information concerning an investigation
involving them; (8) Office of Personnel Management (OPM) to OPM et al.
to properly administer Federal personnel systems and related agencies'
systems; (9) Employment, Clearances, Licensing, Contract, Grants, or
other Benefit Decisions by the FCC to allow the Commission to obtain
information relevant to a FCC decision concerning an employee; (10)
Employment, Clearances, Licensing, Contract, Grants, or other Benefit
Decisions by other than the FCC to allow the Commission to provide
information relevant to another government agency's decision concerning
an employee; (12) Security Officials and Investigators to provide
information to the officials for liaison and training purposes on
classified materials; and (14) Breach Notification to address the
Commission's real or suspected data breach situations; and (15)
Assistance to Federal Agencies and Entities for assistance with other
Federal agencies' data breach situations. Routine Uses (14) and (15)
are required by OMB Memorandum m-17-12.
7. Adding a new section: Reporting to a Consumer Reporting Agency
to address valid and overdue debts owed by individuals to the FCC under
the Debt Collection Act, as recommended by OMB.
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, retrieval, and retention
and disposal of the records; administrative, technical, and physical
safeguards; and updated notification, records access, and contesting
records procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD-16, Personnel Security Files.
SECURITY CLASSIFICATION:
Most personnel identity verification records are not classified.
However, in some cases, records of certain individuals, or portions of
some records may have national defense/foreign policy classifications.
SYSTEM LOCATION:
Security Operations Center, Assistant Managing Director--
Administrative Offices (AMD-AO), Office of Managing Director (OMD),
Federal Communications Commission (FCC), 445 12th Street SW,
Washington, DC 20554.
SYSTEM MANAGER(S) AND ADDRESS:
Security Operations Center (SOC), Office of the Managing Director
(OMD), Federal Communications Commission (FCC), 445 12th Street SW,
Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Depending upon the purpose(s) for the investigation, the U.S.
government is authorized to ask for this information under 5 U.S.C.
1303, 1304, 3301, 7902, 9101; 42 U.S.C. 2165 and 2201; 50 U.S.C. 781 to
887; 5 CFR parts 5, 732, and 736; Executive Orders 9397, 10450, 10865,
12196, 12333, 12356, and 12674, 13587; and Homeland Security
Presidential Directive (HSPD) 12, Policy for a Common Identification
Standard for Federal Employees and Contractors, August 27, 2004.
PURPOSE(S):
The FCC's Security Operations Center (SOC) staff uses this
information to document and support decisions that include, but are not
limited to:
1. Determining compliance with Federal regulations and/or making a
determination about an individual's suitability, eligibility, and
fitness for Federal employment, access to classified information or
restricted areas, position sensitivity, security clearances,
evaluations of qualifications, and loyalty to the United States, and to
document such determinations;
2. Evaluating an applicant's qualifications and suitability to
perform contractual services for the U.S. Government and documenting
such determinations;
3. Evaluating the eligibility and suitability of students, interns,
or volunteers to the extent that their duties require access to FCC and
other Federal facilities, information, systems, or applications, and
documenting such determinations;
4. Taking action on, or responding to a complaint about a threat,
harassment, intimidation, violence, or other inappropriate behavior
involving one or more FCC employees and/or contract employees, and
counseling employees; and
5. Documenting security violations, including but not limited to
insider threats, and the resulting management actions that would be
taken.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The individuals in this system include but are not limited to:
1. Current and former Federal Communications Commission (FCC
employees; including Commission retirees and those who resigned from
the Commission, other Federal employees; applicants for employment in
the Federal Government or contracts; FCC contractors, experts,
instructors, consultants, grantees, and all other individuals who may
require regular, on-going access to the FCC's buildings and facilities,
information technology (IT) systems, or information classified in the
interest of national security; and individuals formerly in any of these
positions;
2. Individuals who are authorized to perform, provide, or to use
services in FCC facilities (either on an ongoing or occasional basis),
including, but not limited to FCC credit union employees, security
personnel, custodial staff, maintenance workers, food service workers,
contractors, and employee assistance program staff;
3. Individuals who are neither applicants nor employees of the
Federal Government, but who are or were involved in Federal programs
under co-operative agreements or other arrangements (both paid and
unpaid), including, but not limited to students and interns; and
4. Individuals who have been accused of security violations,
including potential insider threat activity.
[[Page 10723]]
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include, but are not
limited to:
1. The information, as applicable, that is needed to identify an
individual, including but not limited to the individual's last, first,
and middle names, and former name(s), Social Security Number (SSN)/
Taxpayer Identification Number (TIN), Personal Identity Verification
(PIV) data, date of birth, birthplace, facial photograph(s) and/or
other biometric data, home address, home telephone number(s),
residential history, office and personal email address(es),
organizational (bureau/office) unit, and position title;
2. Background information that includes but is not limited to the
individual's citizenship, types and dates of investigations, agency
conducting investigation, investigation dates, security clearance(s)
\1\ and grant date(s), and position sensitivity level(s), and
miscellaneous investigation comments and records;
---------------------------------------------------------------------------
\1\ A security clearance (i.e., ``Certificate of Clearance'') is
a government document authorizing a specific security status granted
to an individual allowing the person access to classified
information (state or organizational secrets) or to restricted
areas, after completion of a thorough background check).
---------------------------------------------------------------------------
3. Names of relatives, birth date(s), home address(es), personal
telephone number, email address(es), citizenship, and relatives who
work for the Federal government;
4. Contact with foreign officials and foreign travel registries, as
applicable;
5. Reports that include, but are not limited to information that
determines the individual's qualifications for a position, including
but not limited to the employee/applicant's employment/work history,
summary report of investigation(s), results of suitability decision(s),
employment references, and contact information, and educational/
training institutions attended, degrees and certifications earned, and
educational and training references;
6. Background information that includes but is not limited to what
is required to investigate an individual's character, conduct, and
behavior in the community where he or she lives or lived; criminal
history, including but not limited to arrests and convictions for
violations against the law; mental health history; drug use history;
financial information that includes but is not limited to income tax
return information, credit reports, and related financial information;
reports that include but are not limited to information obtained from
interviews with present and former supervisors, co-workers, associates,
educators, and other related personal references and contact
information;
7. Reports that include, but are not limited to inquiries with law
enforcement agencies, employers, and reports of action after the Office
of Personnel Management (OPM) or FBI Section 8(d) Full Field
Investigation; Notices of Security Investigation and other information
developed from ``Certificates of Clearance,'' \2\ including. but not
limited to date(s) of security clearances, requests for appeals,
witness statements, investigator's notes, security violations,
circumstances of violations, and agency action(s) taken;
---------------------------------------------------------------------------
\2\ Op. cite.
---------------------------------------------------------------------------
8. Information needed to investigate allegations of FCC employee's
misconduct, including but not limited to identifying any insider
threats and related activities;
9. Information needed to investigate miscellaneous complaints not
covered by the FCC's formal or informal grievance procedure;
10. Information including, but is not limited to what is needed to
investigate violence, threats, harassment, intimidation, insider threat
activity, or other inappropriate behavior causing an FCC employee,
contractor, or visitor to fear for his/her personal safety in the FCC
workplace: Case number, victim's name, office telephone number, room
number, office email address, organizational unit, duty station,
position, supervisor, supervisor's telephone number, location of
incident, activity at time of incident, circumstances surrounding the
incident, perpetrator, name(s) and telephone number(s) and email
address(es) of witness(es), injured party(s), medical treatment(s),
medical report, property damages, report(s) to police and/or Federal
Protective Services, and related miscellaneous information; and
11. Information obtained from sources that include but are not
limited to SF-85, SF-85P, SF-86, and SF-87 forms, summary reports from
OPM or another Federal agency conducting background investigations, and
results of adjudications, and security violations.\3\
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\3\ This system of records does not duplicate or supersede the
Office of Personnel Management (OPM): OPM/Central-9 system of
records, which covers the investigations OPM and its contractors
conduct on behalf of other agencies at: https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-9-personnel-investigations-records.pdf.
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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. In
each of these cases, the FCC will determine whether disclosure of the
records is compatible with the purpose(s) for which the records were
collected.
1. Adjudication and Litigation--To disclose information to the
Department of Justice (DOJ), or other administrative body before which
the FCC is authorized to appear, 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 DOJ
or the FCC has agreed to represent the employee; or (d) the United
States is a party to litigation or has an interest in such litigation,
and the use of such records by DOJ or the FCC is deemed by the FCC to
be relevant and necessary to the litigation.
2. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of civil or
criminal law or regulation;
3. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the request of that
individual;
4. Government-wide Program Management and Oversight--To the
National Archives and Records Administration (NARA) for use in its
records management inspections; to the Government Accountability Office
(GAO) for oversight purposes; to the U.S. 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. Contract Services, Grants, or Cooperative Agreements--To FCC
contractors, grantees, or 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.
Recipients shall be required to comply with the requirements of the
[[Page 10724]]
Privacy Act of 1974, as amended, 5 U.S.C. 552a.
6. Non-FCC Individuals and Organizations--To individuals, including
former FCC employees, and organizations in the course of an
investigation to the extent necessary to obtain information pertinent
to the investigation.
7. Complainants and Victims--To individual complainants and/or
victims to the extent necessary to provide such individuals with
information and explanations concerning the progress and/or results of
the investigation or case arising from the matter of which they
complained and/or of which they were a victim.
8. Office of Personnel Management (OPM)--To OPM management, Merit
Systems Protection Board, Equal Opportunity Employment Commission,
Federal Labor Relations Authority, and the Office of Special Counsel
for the purpose of properly administering Federal personnel systems or
other agencies' systems in accordance with applicable laws, Executive
Orders, and regulations.
9. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the FCC--To a Federal, State, local, foreign,
tribal, or other public agency or authority 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 hiring or retention of an employee or other personnel
action, the issuance or retention of a security clearance, the
classifying of jobs, the letting of a contract, or the issuance or
retention of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary to
the requesting agency's decisions on the matter.
10. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by Other than the FCC--To a Federal, State, local,
foreign, tribal, or other public agency or authority of the fact that
this system of records contains information relevant to the hiring or
retention of an employee, the issuance or retention of a security
clearance, the conducting of a suitability or security investigation of
an individual, the classifying of jobs, the letting of a contract, or
the issuance or retention of a license, grant, or other benefit by the
requesting agency, to the extent that the information is relevant and
necessary to the agency's decision on the matter. The other agency or
licensing organization may then make a request supported by the written
consent of the individual for the entire records 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.
11. Labor Relations--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.
12. Security Officials and Investigators--To Security Officials and
investigators of Federal Government agencies or departments for liaison
or training purposes where appropriate during meetings, conferences, or
training courses involving access to classified materials.
13. National Security and Intelligence Matters--To Federal, State,
local agencies, or other appropriate entities or individuals, or
through established liaison channels to selected foreign government in
order to enable an intelligence agency to carry out its
responsibilities under the National Security Act of 1947, as amended,
the CIA Act of 1949, as amended, Executive Order 12333 or any successor
order, applicable to national security directives, or classified
implementing procedures approved by the Attorney General and
promulgated pursuant to such statutes, orders, or directives.
14. Breach Notification--To appropriate agencies, entities, and
person when (1) the Commission suspects or has confirmed that there has
been a breach of the system of records; (2) 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 (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with Commission efforts to respond to the suspected or confirmed breach
or to prevent, minimize, or remedy such harm.
15. Assistance to Federal Agencies and Entities--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.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses listed above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Information in this system is maintained as follows:
1. Electronic data, records, and files are maintained in a stand-
alone computer database hosted on FCC's computer network; and
2. The paper documents, records, and files are stored in file
folders in security containers in ``non-public'' rooms of the SOC
office suite. These containers are locked when not in use and/or at the
end of the day.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an individual's name or Social Security
Number (SSN).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records in this information system are retained and disposed of
in accordance with General Records Schedule (GRS) 18, item 22a,
approved by the National Archives and Records Administration (NARA).
Both electronic and paper records are retained during employment or
while an individual is actively involved in Federal programs. As
appropriate, records are returned to investigating agencies after
employment terminates; otherwise, the records are destroyed upon
notification of death or not later than five years after the employee's
retirement or separation from the FCC, or the employee's transfer to
another Federal agency or department, whichever is applicable.
Investigative files and the computer database, which show the
completion of an investigation, are retained for 15 years, except for
investigations involving potential actionable issue(s), which will be
maintained for 25 years plus the current year from the date of the most
recent investigative activity.
In accordance with NARA guidelines, the FCC destroys paper records
by
[[Page 10725]]
shredding; and electronic records are destroyed by electronic erasure.
Individuals interested in further information about retention and
disposal may request a copy of the disposition instructions from the
FCC's Records Management Office.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. The electronic records, data, and files are maintained in the
FCC computer network databases, which are protected by the FCC's IT
privacy safeguards, a comprehensive and dynamic set of IT safety and
security protocols and features that are designed to meet all Federal
IT privacy standards, including those required by the National
Institute of Standard and Technology (NIST) and the Federal Information
Security Modernization Act of 2014 (FISMA). The protocols cover all
electronic records, files, and data, including those that are housed in
the FCC's computer network databases, and those information system
databases that are housed at the FCC's authorized contractor(s).
2. The paper documents and files are stored in approved security
containers, which are locked when not in use and/or at the end of the
business day. The security containers are located in a secure ``non-
public'' part of the Security Operations Center (SOC) office suite. All
SOC access points are monitored and controlled. Admittance to the SOC
office suite is limited to approved SOC and administrative personnel.
Access to the IT offices is via a key and card-coded door.
3. Some paper records (limited in number and scope) are also kept
in the FCC's regional offices and laboratory facilities. These records
are stored in locked metal file cabinets in locked rooms, which comply
with Federal security requirements.
4. Only SOC staff and authorized contractors (including the
contractors who maintain the FCC's computer network) may have access to
the electronic data and the paper document records and files. As a
further measure, access to these electronic records is restricted to
the SOC staff and contractors who have a specific role in the Personal
Identity Verification (PIV) process that requires their access to
background investigation information and related SOC functions. The SOC
maintains an audit trail to monitor access.
5. Furthermore, as part of these privacy and security requirements,
SOC staff and contractors must complete training specific to their
roles to ensure that they are knowledgeable about how to protect PII.
NOTIFICATION PROCEDURE:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR Section 0.561) that this system
of records is exempt from disclosing its notification procedure for
this system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR Section 0.561) that this system
of records is exempt from disclosing its record access procedures for
this system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR Section 0.561) that this system
of records is exempt from disclosing its contesting record procedure
for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads of agencies by 5 U.S.C. 552a
(k), the FCC has determined (47 CFR Section 0.561) that this system of
records is exempt from disclosing its record sources for this system of
records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE ACT:
This system of records is exempt from sections (c)(3), (d),
(e)(4)(G), (H), and (I), and (f) of the Privacy Act of 1974, 5 U.S.C.
552a, and from 47 CFR Sections 0.554-0.557 of the Commission's rules.
These provisions concern the notification, record access, and
contesting procedures described above, and also the publication of
record sources. The system is exempt from these provisions because it
contains the following types of information:
1. Investigative material compiled for law enforcement purposes as
defined in Section (k)(2) of the Privacy Act;
2. Properly classified information, obtained from another Federal
agency during the course of a personnel investigation, which pertains
to national defense and foreign policy, as stated in Section (k)(1) of
the Privacy Act; and
3. Investigative material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal
civilian employment, as described in Section (k)(5) of the Privacy Act,
as amended. (Information will be withheld to the extent it identifies
witnesses promised confidentiality as a condition of providing
information during the course of the background investigation.)
HISTORY:
The FCC last gave full notice of this system of records, FCC/OMD-
16, Personnel Security Files, by publication in the Federal Register on
September 25, 2006 (71 FR 55787, 55790).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018-04943 Filed 3-9-18; 8:45 am]
BILLING CODE 6712-01-P