(3) In accordance with 5 CFR 2635.704, the following practices are prohibited and a willful violation may result in criminal, civil, or administrative action, including suspension or dismissal:

(i) Use of any Government system or service, or any other telephone service, where the Government pays the cost of the long distance call, for other than official business, except emergency calls and calls the agency determines are necessary in the interest of the Government.

(ii) Making an unauthorized long distance telephone call with the intent to later reimburse the Government.

(iii) Listening-in to or recording telephone conversations except as specified in §201-21.603.

(iv) Unauthorized use of telephone call detail data.

(d) Procedures. Official business calls may include emergency calls and other calls the agency determines are necessary in the interest of the Government. FIRMR Bulletin C-13 provides examples of calls that may be considered necessary in the interest of the Government.

(1) Telephone calls may properly be authorized when they

(i) Do not adversely affect the performance of official duties by the employee or the employee's organization; (ii) Are of reasonable duration and frequency; and

(iii) Could not reasonably have been made at another time; or

(iv) Are provided for in a collective bargaining agreement that is consistent with these regulations.

(2) Personal long distance calls that must be made during working hours may be made over the commercial long distance network if consistent with the criteria in paragraph (d)(1) of this section and are—

(i) Charged to the employee's home phone number or other non-Government number (third-number call);

(ii) Made to an 800 toll-free number; (iii) Charged to the called party if a non-Government number (collect call);

or

(iv) Charged to a personal telephone credit card.

(3) Agencies shall issue directives on using telephone facilities and services. Agencies' contractor-operated facili

ties shall be covered by these directives. The directives may provide further definition of calls necessary in the interest of the Government and shall include procedures for collection and reimbursement for unauthorized calls.

[55 FR 53402, Dec. 28, 1990, as amended at 61 FR 16, Jan. 2, 1996]

§201-21.602 Collection for unauthorized use.

(a) Agencies shall collect for any unauthorized calls if it is cost-effective to do so. Reimbursing the Government for unauthorized calls does not exempt an employee from appropriate administrative, civil, or criminal action.

(b) Agency collections shall include

(1) The value of the call, computed on the basis of commercial long distance rates rounded to the nearest dollar; and

(2) An additional amount rounded to the nearest dollar to cover the administrative costs of determining that the call was unauthorized and processing the collection.

§201-21.603 Listening-in to or recording telephone conversations.

(a) Scope. This section describes the limited circumstances under which agencies are authorized to listen-in to or record telephone conversations.

(b) General. This section applies only to consensual listening-in or recording that takes place when at least one party to a telephone conversation knows it is happening or has given prior consent. It does not apply to listening-in or recording done without the knowledge of any of the parties to the conversation. Such activity is governed by the Omnibus Crime Control and Safe Streets Act of 1968, as amended (18 U.S.C. 2510 et seq.), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), United States Intelligence Activities, Executive Order 12333, or any successor order.

(c) Policy. Agencies shall not listen-in to or record conversations on any GSAprovided telephone system, any telephone system acquired under a delegation of GSA procurement authority, or any telecommunications system approved in accordance with the Federal Property and Administrative Services

Act of 1949, as amended, except under the following conditions:

(1) Law enforcement-national security. When performed for law enforcement, foreign intelligence, counterintelligence, or communications security purposes in accordance with procedures established by the agency head. These procedures shall be in conformance with applicable laws, regulations, and Executive orders governing such activities. Communications security monitoring shall be conducted following notice to a user of any system covered by this regulation pursuant to procedures approved by the Attorney General. Line identification equipment may be installed on telecommunications systems to assist Federal law enforcement officials in investigating threatening telephone calls, bomb threats, and other criminal activities. No invasion of privacy is involved, and such equipment does not violate the Privacy Act of 1974 or any Federal or State wiretap laws.

(2) Public safety. When performed by a Federal employee for public safety purposes and when documented by a written determination by the agency head or a designee citing the public safety needs. The determination shall identify the segment of the public needing protection and cite examples of the possible harm from which the public requires protection.

(3) Employee with a disability. When performed by a Federal employee with a disability, and when the head of the agency or a designee determines that the use of a listening-in or recording device is required for full performance of the duties of the employee's position description. The equipment shall be for the exclusive use of the employee with a disability. Conversations recorded or relayed by operators of telecommunications devices for the deaf (TDD) relay systems shall be held in confidence.

(4) Public service monitoring. When performed by an agency official to determine the quality of service, but only after an analysis of alternatives and a written determination by the agency head or a designee that telephone conversation monitoring is required to perform the agency mission.

(5) All-party consent. When performed by any Federal employee with the consent of all parties for each specific instance. This includes telephone conferences, secretarial recording, and other acceptable administrative practices. Strict supervisory controls shall be maintained to eliminate any possible abuse of this privilege.

(d) Procedures. (1) Agencies that plan to listen-in to or record telephone conversations under paragraph (c)(2), (3), or (4) of this section shall prepare a determination of need. A determination as used in this section means a written justification signed by the agency head or the agency head's designee, that specifies the operational need for listening-in to or recording telephone conversations; indicates the specific system and location where monitoring is to be performed; lists the number of telephones or recorders involved; and establishes operating times and an expiration date for the monitoring.

(2) Agencies shall review, at least every 2 years, the need for each determination authorizing listening-in or recording. Agency documentation to continue or terminate the program shall be maintained in agency files.

(3) Each agency that conducts listening-in or recording associated with public service monitoring shall establish controls and issue written policies and procedures that provide for—

(i) The agency head or designee to name in writing those agency officials authorized to listen-in to or record telephone conversations;

(ii) Continuous positive action to inform the public of monitoring;

(iii) No recording of identification of public callers;

(iv) Keeping the number of monitored calls to the minimum necessary to obtain a statistically valid sample;

(v) Conspicuous labeling of telephone instruments subject to monitoring;

(vi) No use of the information obtained by monitoring against the public party; and

(vii) Calling-party consent for calls that are recorded.

(4) The recordings and records pertaining to listening-in to or recording of any conversations covered by this regulation shall be used, safeguarded,

and destroyed in accordance with the agency records management program.

(e) Use of recording devices. When recording as permitted by §201-21.603(c) (2), (3), and (4) of this section, agencies shall follow Federal Communications Commission rules on obtaining consent for recording telephone conversations on the nation's public networks (47 CFR 64.501). Proof of consent is the responsibility of the recording party. Agencies that authorize employees to record telephone conversations may obtain consent by—

(1) Prior mutual consent (oral or written) of all parties to the conversation;

(2) An oral notification recorded at the beginning, as a part of the call, by the recording party; or

(3) The automatic superimposing of a distinct signal (e.g., beep tone) at regular intervals during the conversation.

(f) Emergency calls. Agencies need not apply the beep tone or obtain all-party consent before recording calls made to telephone numbers publicized for emergencies or outgoing calls made in immediate response to such incoming calls.

[55 FR 53402, Dec. 28, 1990; 56 FR 29186, June 26, 1991, as amended at 59 FR 61283, Nov. 30, 1994; 60 FR 7716, Feb. 9, 1995; 61 FR 16, Jan. 2, 1996]

201-22.301 General. 201-22.302 Policy.

201-22.303 Procedures.

AUTHORITY: 40 U.S.C. 486(c) and 751(f). SOURCE: 55 FR 53405, Dec. 28, 1990, unless otherwise noted.

§201-22.000 Scope of part.

This part prescribes policies and procedures for General Services Administration (GSA) or agency-conducted evaluation programs to help agencies ensure that the acquisition, management, and use of Federal information processing (FIP) resources are consistent with applicable laws and regulations.

Subpart 201-22.1-Federal Information Resources Management (IRM) Review Program §201-22.100 Scope of subpart.

This subpart prescribes policies and procedures for the Federal Information Resources Management (IRM) Review Program as it relates to the management and use of information and to the acquisition, management, and use of FIP resources in executive agencies.

[55 FR 53405, Dec. 28, 1990; 56 FR 29187, June 26, 1991]

§201-22.101 General.

(a) The Paperwork Reduction Act, as amended (44 U.S.C. 3501 et seq.) requires the Administrator of GSA to assist the Director of the Office of Management and Budget (OMB) in reviewing, at least once every 3 years, the information management activities of each executive agency. GSA has delegated much of its IRM review responsibilities under the Paperwork Reduction Act to each agency and serves as the focal agency for collecting, assessing, and reporting on IRM review results to OMB. GSA has additional review and oversight responsibilities under the Federal Property and Administrative Services Act and the National Archives and Records Administration (NARA) Act.

(b) The main objectives of the Federal IRM Review Program are to determine if agencies are

(1) Carrying out their information management activities efficiently and effectively;

(2) Complying with established IRM policies, procedures, standards, and guidelines; and

(3) Complying with the responsibilities assigned by the Paperwork Reduction Act.

(c) Additional information on the Federal IRM Review Program is contained in the following GSA-issued documents:

(1) Federal IRM Review Program-An Executive Guide.

(2) IRM Review Handbook. (3) FIRMR Bulletin C-6.

§201-22.102 Policies.

Each agency shall designate an organization to be responsible for reviewing the agency's IRM activities. The agency's review organization shall—

(a) Have the authority to review programs, functions, and activities within the objectives and scope of IRM;

(b) Be responsive to established Governmentwide and agency-specific priorities; and

(c) Be responsible for meeting the reporting requirements of the Federal IRM Review Program.

§201-22.103 Procedures.

(a) Each agency shall establish an IRM review capability commensurate with the scope and complexity of the agency mission and program objectives.

(b) Each agency shall develop for its own use, an IRM review plan that addresses, at a minimum, review priorities, objectives, compliance with 44 U.S.C. 3506, and planned reviews for the coming year.

(c) Each agency shall submit a report titled "Annual Executive Summary," to GSA by November 1st of each year in accordance with procedures established in FIRMR Bulletin C-6. The report shall

(1) Provide an overview and synopsis of the agency's previous year's IRM reviews;

(2) Evaluate how well the reviews met overall review objectives;

(3) Assess the benefits of the review effort to the agency;

(4) Demonstrate how the agency is complying with 44 U.S.C. 3506; and (5) Describe planned review activities for the coming year.

submit an action plan to: General Services Administration, Office of Federal IRM (KA), 18th & F Streets, NW., Washington, DC 20405.

(3) The action plan shall include the following items:

(i) Specific actions the agency plans to take on each evaluation report recommendation. If an agency does not plan to implement a recommendation, the agency shall document the reasons for not acting.

(ii) The proposed month and year for completing each planned action.

(4) The agency shall submit a progress report every 6 months to the address shown in paragraph (a)(2) of this section, until the action plan is implemented. Interagency report control number 0153-GSA-AR has been assigned to this report.

(b) GSA action. GSA will—

(1) Analyze the adequacy of the action plan;

(2) Provide comments to the agency on the plan within 60 calendar days after its transmittal;

(3) Notify the agency when progress reports are no longer required;

(4) Take appropriate action when findings show the agency failed to comply with regulations or the conditions of a DPA; and

(5) Provide the broadest possible delegation of GSA's exclusive procurement authority for FIP resources to the agency, based on the agency's ability to carry out acquisitions in accordance with the policies and procedures in the FIRMR.

Subpart 201-22.3-Obsolescence Review

§201-22.300 Scope of subpart.

This subpart prescribes policies for reviewing installed FIP resources for obsolescence.

§201-22.301 General.

An obsolescence review is an analysis to determine whether system life cost savings are obtainable by acquiring newer technology resources relative to continued operation of existing outdated resources.

§201-23.000 Scope of part.

(a) This part prescribes policies and procedures to be followed by agencies for disposing of Government-owned Federal information processing (FIP) equipment that is no longer needed for the purpose for which it was acquired.

(b) This part notifies agencies that exchange/sale transactions of Government-owned FIP equipment are to be conducted in accordance with 41 CFR part 101-46.

(c) This part describes the circumstances under which the policies and procedures for disposing of FIP equipment apply to Government-owned FIP equipment used by grantees and

contractors.

(d) This part prescribes the policy for screening of FIP software that is no longer needed for the purpose for which it was acquired.