Privacy Act of 1974; System of Records, 18532-18534 [2019-08760]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18532-18534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08760]


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FEDERAL COMMUNICATIONS COMMISSION


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

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system of records, FCC/OMD-12, Integrated Library System (ILS) Records, 
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 the Secretary (OS) in the 
Office of Managing Director (OMD) uses the records in OMD-12 to keep 
track of items borrowed by registered users from the FCC Library's 
collection and to ensure that all items are returned to the FCC Library 
in a timely manner and/or upon a FCC employee's resignation from the 
Commission.

DATES: This action will become effective on May 1, 2019. Written 
comments on the system's routine uses are due by May 31, 2019. The 
routine uses in this action will become effective on May 31, 2019 
unless written 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 via the 
internet at [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 Documentation, which includes details of the 
modifications to this system of records).

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OMD-12 as a result of the various necessary changes and updates, 
including more advanced electronic information technologies, i.e., 
cloud technology, and format changes required by OMB Circular A-108, 
since its previous publication. The substantive changes and 
modifications to the previously published version of the FCC/OMD-12 
system of records include:
    1. Updating the language in the Security Classification to follow 
OMB guidance.
    2. Making minor changes to the language in the Categories of 
Records to be consistent with the language and phrasing now used in the 
FCC's SORNs.
    3. Updating and/or revising language in four routine uses: (1) 
Adjudication and Litigation; (2) Law Enforcement and Investigation; (3) 
Congressional Inquiries; and (4) Government-wide Program Management and 
Oversight.
    4. Adding four new routine uses: (5) For Non-Federal Personnel to 
allow contractors performing or working on a contract for the Federal 
Government access to information; (6) Breach Notification to address 
real or suspected data breach situations at the FCC; (7) Assistance to 
Federal Agencies and Entities for assistance with other Federal 
agencies' data breach situations; and (8) Recovering Overdue Library 
Materials to allow FCC managers or supervisors to facilitate the 
recovery of overdue books or other loaned library materials recalled 
due to emergencies. Routine Uses (6) and (7) are required by OMB 
Memorandum M-17-12.
    5. Adding two new sections: 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; and a History 
section referencing the previous publication of this SORN in the 
Federal Register, as required by OMB Circular A-108.
    6. Adding a new records retention and disposal schedule approved by 
the National Archives and Records Administration (NARA).
    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 of the 
information; administrative, technical, and physical safeguards; and 
updated notification, records access, and contesting records 
procedures.
SYSTEM NAME AND NUMBER
    FCC/OMD-12, Integrated Library System (ILS) Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    FCC Library, Office of the Secretary, Office of Managing Director 
(OMD), 445 12th Street SW, Washington, DC 20554.

SYSTEM MANAGER(S):
    Office of the Secretary, Office of Managing Director (OMD), 445 
12th Street SW, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3101 and 47 U.S.C. 154(I).

PURPOSE(S) OF THE SYSTEM:
    The information is maintained and used to keep track of items 
borrowed by registered users from the FCC Library's collection and to 
ensure that all items are returned to the FCC Library in a timely 
manner and/or upon a FCC employee's resignation from the Commission.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Information on current Federal Communications Commission (FCC) 
employees who have registered as library users.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information in this system includes, but is not limited to records 
on checked-out and/or checked-in items contained in the FCC Library 
collection. The records may include, but are not limited to such 
information as the individual's name, organizational unit, telephone 
number, room number, building access badge number, library barcode 
identifier, and position title.

RECORD SOURCE CATEGORIES:
    FCC employees who provide contact information in order to checkout 
materials from the FCC library and the FCC Library collection 
inventory.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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.
    1. Adjudication and Litigation--To disclose information to the 
Department of Justice (DOJ) or other administrative or adjudicative 
bodies before which the FCC is authorized to appear 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 where the 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 the 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, and/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 written request of 
that individual.
    4. Government-wide Program Management and Oversight--To

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disclose information 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 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. For Non-Federal Personnel--To disclose information to 
contractors performing or working on a contract to provide library and/
or IT services for the Federal Government who may require access to 
this system of records.
    6. Breach Notification--To disclose information 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.
    7. 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.
    8. Recovering Overdue Library Materials--To disclose information to 
FCC managers or supervisors to facilitate the recovery of books or 
other lent library materials that are overdue or have been recalled due 
to an emergency situation.

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:
    Records are maintained electronically in the Integrated Library 
System (ILS) Records database. The database is password protected and 
updated daily.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in this system may be retrieved by the patron's name, 
bureau/office, office telephone number, room number, barcode number, 
and position title.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Information in this system is maintained and disposed of in 
accordance with the Disposition Authority of the National Archives and 
Records Administration (NARA) General Records Schedule (GRS): 4.4 as 
follows:
    DAA-GRS-2015-0003-0001: Library administrative records--Destroy 
when 3 years old or 3 years after superseded or obsolete, whichever is 
applicable. Longer retention is authorized for business use.
    DAA-GRS-2015-0003-0002: Library operations records--Destroy when 
business use ceases. The FCC disposes of the paper documents by 
shredding. The electronic records, files, and data are destroyed either 
by physical destruction of the electronic storage media or by erasure 
of the electronic data.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic data, records, and files are stored within FCC 
accreditation boundaries. Access to the electronic files is restricted 
to OS, library, and IT staff; ILS and IT contractors; and vendors who 
maintain the networks and services. Other FCC employees, contractors, 
vendors, and users may be granted access on a ``need-to-know'' basis. 
The FCC's data 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 IT 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).
    The ILS staff may print paper copies of the electronic records for 
various, short-term uses, as necessary. These paper documents (copies) 
are stored in locked file cabinets in the FCC Library office suite, 
when not in use. These paper documents are destroyed by shredding when 
no longer needed.
    Access to the electronic records and files and the paper documents, 
files, and records is restricted to the employees in the Office of the 
Secretary (OS); employees and contractors in the FCC Library; and IT 
staff and contractors who maintain the FCC's computer network. Other 
FCC employees and contractors may be granted access to this 
information, as required, for specific purposes.

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment of records about them 
should follow the Notification Procedure below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to Leslie F. 
Smith, Privacy Manager, Information Technology, Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554, or email 
[email protected].
    Individuals must furnish reasonable identification by showing any 
two of the following: Social security card; driver's license; employee 
identification card; Medicare card; birth certificate; bank credit 
card; or other positive means of identification, or by signing an 
identity statement stipulating that knowingly or willfully seeking or 
obtaining access to records about another person under false pretenses 
is punishable by a fine of up to $5,000.
    Individuals requesting access must also comply with the FCC's 
Privacy Act regulations regarding verification of identity and access 
to records (47 CFR part 0, subpart E).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC last gave full notice of this system of records, FCC/OMD-
12, Integrated Library System (ILS) Records, by publication in the 
Federal Register on April 5, 2006 (71 FR 17234, 17255).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-08760 Filed 4-30-19; 8:45 am]
BILLING CODE 6712-01-P