83 FR 10721 - Privacy Act of 1974; System of Records

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range		10721-10725
FR Document		2018-04943
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.
Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10721-10725]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04943]


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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 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;
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    \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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    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;
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    \2\ Op. cite.
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    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
Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices 10721

Deployment by Removing Barriers to will be used to implement (1) local the existence and character of records
Infrastructure Investment, WC Docket exchange carriers’ (‘‘LECs’’) obligations maintained by the agency. The FCC’s
No. 17–84, Report and Order, to provide their competitors with Security Operations Center (SOC) in the
Declaratory Ruling, and Further Notice dialing parity and non-discriminatory Office of Managing Director (OMD) uses
of Proposed Rulemaking, FCC 17–154 access to certain services and this system of records to cover the
(rel. Nov. 29, 2017) (Wireline functionalities; (2) incumbent local personally identifiable information (PII)
Infrastructure Order), the Commission, exchange carriers’ (‘‘ILECs’’) duty to that is associated with the
among other things, expanded the type make network information disclosures; administration of the policies and
of pole attachment complaints that can and (3) numbering administration. The activities that include, but are not
be filed by ILECs, now allowing them to Commission estimates that the total limited to determining compliance with
file complaints related to a denial of annual burden of the entire collection, Federal regulations, and/or an
pole access by utilities. The as revised, is 575,840 hours. This individual’s suitability for access to
Commission will use the information revision relates to a change in one of classified information and/or a security
collected under this revision to 47 CFR many components of the currently clearance; evaluating an applicant’s
1.1424 to hear and resolve pole access approved collection—specifically, suitability to perform contractual
complaints brought by ILECs and to certain reporting, recordkeeping and/or services for the FCC; evaluating an
determine the merits of the complaints. third-party disclosure requirements individual’s suitability for Federal
OMB Control Number: 3060–0741. under section 251(c)(5). In November internships, including access to Federal
Title: Accelerating Wireline 2017, the Commission adopted new systems and information; responding to
Broadband Deployment by Removing rules concerning certain information complaints of threats, harassment,
Barriers to Infrastructure Investment, collection requirements implemented violence, or other inappropriate
GN Docket No. 17–84. under section 251(c)(5) of the Act, behavior at the FCC; and documenting
Form Number(s): N/A. pertaining to network change security violations and related activities,
Type of Review: Revision of a disclosures. Most of the changes to including insider threats.
currently approved collection. those rules apply specifically to a
DATES: This action will become
certain subset of network change
Respondents: Business or other for- applicable on March 12, 2018. The
disclosures, namely notices of planned
profit entities. routine uses in this action will become
copper retirements. In addition, the
Number of Respondents and applicable on April 11, 2018 unless
changes remove a rule that prohibits
Responses: 5,357 respondents; 573,928 comments are received that require a
incumbent LECs from engaging in useful
responses. contrary determination.
advanced coordination with entities
Estimated Time per Response: 0.5–4.5 ADDRESSES: Send comments to Leslie F.
affected by network changes. The
hours. Smith, Privacy Manager, Information
changes are aimed at removing
Frequency of Response: On occasion Technology (IT), Room 1–C216, Federal
unnecessary regulatory barriers to the
reporting requirements; recordkeeping Communications Commission, 445 12th
deployment of high-speed broadband
and third-party disclosure requirements. Street SW, Washington, DC 20554, or to
networks. As a result of these changes,
Obligation to Respond: Required to Leslie.Smith@fcc.gov.
the total annual burden hours have been
obtain or retain benefits. Statutory
reduced by 392 hours. The Commission FOR FURTHER INFORMATION CONTACT:
authority for this information collection
estimates that the revision does not Leslie F. Smith, (202) 418–0217, or
is contained in 47 U.S.C. 222 and 251.
result in any additional outlays of funds Leslie.Smith@fcc.gov (and to obtain a
Total Annual Burden: 575,448 hours.
for hiring outside contractors or copy of the Narrative Statement and the
Total Annual Cost: No cost.
procuring equipment. Supplementary Document).
Privacy Impact Assessment: No
impact(s). Federal Communications Commission. SUPPLEMENTARY INFORMATION: This
Nature and Extent of Confidentiality: Marlene H. Dortch, notice serves to update and modify
The Commission is not requesting that Secretary, Office of the Secretary. FCC/OMD–16, Personnel Security Files,
the respondents submit confidential [FR Doc. 2018–04946 Filed 3–9–18; 8:45 am] to add insider threats to the list of
information to the FCC. Respondents BILLING CODE 6712–01–P
purposes and to make other
may, however, request confidential miscellaneous but necessary updates
treatment for information they believe to and changes since its previous
be confidential under 47 CFR 0.459 of FEDERAL COMMUNICATIONS publication. The substantive changes
the Commission’s rules. COMMISSION and modifications to the previously
Needs and Uses: Section 251 of the published version of the FCC/OMD–16
Communications Act of 1934, as Privacy Act of 1974; System of system of records include:
amended, 47 U.S.C. 251, is designed to Records 1. (a) Expansion of the system’s
accelerate private sector development AGENCY: Federal Communications purposes to add insider threats to the
and deployment of telecommunications Commission. list of safety and security criteria that
technologies and services by spurring the Security Operations Center will use
ACTION: Notice of a Modified System of
competition. Section 222(e) is also to evaluate and assign employees,
Records.
designed to spur competition by contractors, and interns an appropriate
prescribing requirements for the sharing SUMMARY: The Federal Communications security level and to guard against the
of subscriber list information. These Commission (FCC or Commission or potential risks posed by insider threats.
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information collection requirements are Agency) has modified an existing (b) Deletion of the President’s
designed to help implement certain system of records, FCC/OMD–16, Program to Eliminate Waste, Fraud, and
provisions of sections 222(e) and 251, Personnel Security Files, subject to the Abuse—there is no current information
and to eliminate operational barriers to Privacy Act of 1974 as amended. This that this program is still in existence.
competition in the telecommunications action is necessary to meet the 2. Expansion of the categories of
services market. Specifically, these requirements of the Privacy Act to individuals to include security
information collection requirements publish in the Federal Register notice of personnel (contractors) to the list of

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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices 10725

shredding; and electronic records are that they are knowledgeable about how HISTORY:
destroyed by electronic erasure. to protect PII. The FCC last gave full notice of this
Individuals interested in further system of records, FCC/OMD–16,
NOTIFICATION PROCEDURE:
information about retention and Personnel Security Files, by publication
disposal may request a copy of the Under the authority granted to heads in the Federal Register on September
disposition instructions from the FCC’s of agencies by 5 U.S.C. 552a(k), the FCC 25, 2006 (71 FR 55787, 55790).
Records Management Office. has determined (47 CFR Section 0.561)
Federal Communications Commission.
that this system of records is exempt
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL Marlene H. Dortch,
from disclosing its notification
SAFEGUARDS: procedure for this system of records. Secretary.
1. The electronic records, data, and [FR Doc. 2018–04943 Filed 3–9–18; 8:45 am]
RECORD ACCESS PROCEDURES:
files are maintained in the FCC BILLING CODE 6712–01–P
computer network databases, which are Under the authority granted to heads
protected by the FCC’s IT privacy of agencies by 5 U.S.C. 552a(k), the FCC
safeguards, a comprehensive and has determined (47 CFR Section 0.561) FEDERAL COMMUNICATIONS
dynamic set of IT safety and security that this system of records is exempt COMMISSION
protocols and features that are designed from disclosing its record access [OMB 3060–0745]
to meet all Federal IT privacy standards, procedures for this system of records.
including those required by the National Information Collection Being Reviewed
CONTESTING RECORD PROCEDURE:
Institute of Standard and Technology by the Federal Communications
(NIST) and the Federal Information Under the authority granted to heads Commission Under Delegated
Security Modernization Act of 2014 of agencies by 5 U.S.C. 552a(k), the FCC Authority
(FISMA). The protocols cover all has determined (47 CFR Section 0.561)
that this system of records is exempt AGENCY: Federal Communications
electronic records, files, and data, Commission.
including those that are housed in the from disclosing its contesting record
procedure for this system of records. ACTION: Notice and request for
FCC’s computer network databases, and
those information system databases that comments.
RECORD SOURCE CATEGORIES:
are housed at the FCC’s authorized SUMMARY: As part of its continuing effort
Under the authority granted to heads
contractor(s). to reduce paperwork burdens, and as
of agencies by 5 U.S.C. 552a (k), the FCC
2. The paper documents and files are has determined (47 CFR Section 0.561) required by the Paperwork Reduction
stored in approved security containers, that this system of records is exempt Act (PRA) of 1995, the Federal
which are locked when not in use and/ from disclosing its record sources for Communications Commission (FCC or
or at the end of the business day. The this system of records. the Commission) invites the general
security containers are located in a public and other Federal agencies to
secure ‘‘non-public’’ part of the Security EXEMPTION FROM CERTAIN PROVISIONS OF THE take this opportunity to comment on the
Operations Center (SOC) office suite. All ACT: following information collection.
SOC access points are monitored and This system of records is exempt from Comments are requested concerning:
controlled. Admittance to the SOC sections (c)(3), (d), (e)(4)(G), (H), and (I), Whether the proposed collection of
office suite is limited to approved SOC and (f) of the Privacy Act of 1974, 5 information is necessary for the proper
and administrative personnel. Access to U.S.C. 552a, and from 47 CFR Sections performance of the functions of the
the IT offices is via a key and card- 0.554–0.557 of the Commission’s rules. Commission, including whether the
coded door. These provisions concern the information shall have practical utility;
3. Some paper records (limited in notification, record access, and the accuracy of the Commission’s
number and scope) are also kept in the contesting procedures described above, burden estimate; ways to enhance the
FCC’s regional offices and laboratory and also the publication of record quality, utility, and clarity of the
facilities. These records are stored in sources. The system is exempt from information collected; ways to minimize
locked metal file cabinets in locked these provisions because it contains the the burden of the collection of
rooms, which comply with Federal following types of information: information on the respondents,
security requirements. 1. Investigative material compiled for including the use of automated
4. Only SOC staff and authorized law enforcement purposes as defined in collection techniques or other forms of
contractors (including the contractors Section (k)(2) of the Privacy Act; information technology; and ways to
who maintain the FCC’s computer 2. Properly classified information, further reduce the information
network) may have access to the obtained from another Federal agency collection burden on small business
electronic data and the paper document during the course of a personnel concerns with fewer than 25 employees.
records and files. As a further measure, investigation, which pertains to national The FCC may not conduct or sponsor a
access to these electronic records is defense and foreign policy, as stated in collection of information unless it
restricted to the SOC staff and Section (k)(1) of the Privacy Act; and displays a currently valid control
contractors who have a specific role in 3. Investigative material compiled number. No person shall be subject to
the Personal Identity Verification (PIV) solely for the purpose of determining any penalty for failing to comply with
process that requires their access to suitability, eligibility, or qualifications a collection of information subject to the
background investigation information for Federal civilian employment, as PRA that does not display a valid Office
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and related SOC functions. The SOC described in Section (k)(5) of the of Management and Budget (OMB)
maintains an audit trail to monitor Privacy Act, as amended. (Information control number.
access. will be withheld to the extent it DATES: Written PRA comments should
5. Furthermore, as part of these identifies witnesses promised be submitted on or before May 11, 2018.
privacy and security requirements, SOC confidentiality as a condition of If you anticipate that you will be
staff and contractors must complete providing information during the course submitting comments, but find it
training specific to their roles to ensure of the background investigation.) difficult to do so within the period of

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Document Created: 2018-11-01 08:51:44
Document Modified: 2018-11-01 08:51:44
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of a Modified System of Records.
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.
Contact		Leslie F. Smith, (202) 418-0217, or [email protected] (and to obtain a copy of the Narrative Statement and the Supplementary Document).
FR Citation		83 FR 10721