63468 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

FEDERAL COMMUNICATIONS

COMMISSION

Privacy Act of 1974, As Amended;

System of Records

AGENCY: Federal Communications

Commission (FCC or Commission)

ACTION: Notice; one proposed new

system of records, 24 proposed new

routine uses, 30 altered systems of

records, and elimination of three

systems of records.

SUMMARY: As required by the Privacy

Act of 1974, 5 U.S.C. 552a(e)(4), as

amended, this document sets forth

notice of the existence of all systems of

records maintained by the FCC. This

notice also proposes to establish one

new system of records, to alter 30

existing systems, and to eliminate three

systems of records that are no longer

used by the Commission. For the

convenience of the reader, the agency

eliminated using ‘‘Blanket Routine

Uses’’ and listed the routine uses in the

body of the notice itself. This notice

provides and makes readily available in

one issue of the Federal Register an

accurate and complete text, with

administrative and editorial changes, of

the FCC’s systems of records for use by

individuals and by agency Privacy Act

officials.

DATES: Any interested person may

submit written comments concerning

the routine uses of this system on or

before November 22, 2000. The Office of

Management and Budget (OMB), which

has oversight responsibility under the

Privacy Act to review the system, may

submit comments on or before

December 4, 2000. This proposed

system will be effective on December 4,

2000 unless the FCC receives comments

that require a contrary determination.

The Commission will publish a

document in the Federal Register

notifying the public if any changes are

necessary.

ADDRESSES: Address comments to Les

Smith, Performance Evaluation and

Record Management (PERM), Room 1–

A804, Federal Communications

Commission, 445 12th Street, SW.,

Washington, DC 20554, or via the

Internet at lesmith@fcc.gov, or to

Edward Springer, FCC Desk Officer,

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Docket Library, Room 10236,

NEOB, 725 17th Street, NW.,

Washington, DC 20503, or via the

Internet at Edward C.

Springer@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Les

Smith, Performance Evaluation and

Record Management (PERM), Room 1–

A804, Federal Communications

Commission (FCC), 445 12th Street,

SW., Washington, DC 20554, or via the

Internet at lesmith@fcc.gov or Laurence

Schecker, Attorney Advisor, Office of

General Counsel, at (202) 418–1720 or

via the Internet at lschecker@fcc.gov.

SUPPLEMENTARY INFORMATION: The FCC

previously gave complete notice of all of

its systems of records by publication in

the Federal Register, May 18, 1992, 57

FR 21091. Since that publication, the

Commission has added and deleted

systems of records, and has made nonsubstantive changes to many existing

systems of records. Therefore, a

complete copy of the Commission’s

systems of records presently can be

obtained only by referring to several

Federal Register notices. The

Commission is publishing the complete

text of all of its systems notices to

provide a current, easily accessible

compilation.

The proposed changes in this notice

result from editorial changes to the

existing systems of records; notices to

update, simplify, or clarify, as

necessary, these systems of records; the

application of new technology; and the

transfer of duties and responsibilities

between bureaus, including the creation

of the Wireless Telecommunication

Bureau (WTB) in 1994, and the most

recent Commission reorganization, the

creation of the Enforcement Bureau (EB)

and the Consumer Information Bureau

(CIB), and the elimination of the

Compliance and Information Bureau

(CIB) in 1999.

The transfer, updating, or renaming of

seven systems of records between

bureaus:

1. FCC/CCB–1 to new FCC/CIB–1,

‘‘Informal Complaints and Inquiries

Files (Broadcast, Common Carrier, and

Wireless Telecommunications Bureau

Radio Services);’’

2. Old FCC/CIB–4 to new FCC/CIB–4,

‘‘Telephone and Electronic Contacts;’’

3. Old FCC/FOB–2 to new FCC/EB–1,

‘‘Violators File;’’

4. Old FCC/FOB–3 to new FCC/EB–2,

‘‘State and Operational Areas

Emergency Commissions Committee

Membership;’’

5. FCC/OGC–7 to FCC/Central-12,

‘‘Garnishment and Levy of Wages;’’

6. Old FCC/PRB–5 to FCC/WTB–5,

‘‘Application Review List for Present or

Former Licensees, Operators, or

Unlicensed Persons Operating Radio

Equipment Improperly;’’ and

7. Old FCC/FOB–1 to FCC/WTB–6,

‘‘Radio Operator Records.’’

The addition of one new system of

records:

FCC/Central-11, ‘‘Interoffice

(GroupWise) and Internet E-mail

Systems;’’ and

The purging of three systems of

records:

1. FCC/Central-3, ‘‘Employee

Assistance Program Case Files;’’

2. FCC/OGC–1, ‘‘Alleged Violators

File (Ex Parte Rules);’’ and

3. FCC/OGC–4, ‘‘Parties Involved in

Current Litigation before Federal

Courts.’’

The alteration of nine systems of

records to make various editorial

changes to the existing systems notices:

FCC/Central-5, ‘‘Alcoholism and Drug

Case Files; FCC/Central-6, ‘‘Personnel

Investigative Records;’’ FCC/Central-7,

‘‘Freedom of Information Act Case

Files;’’ FCC/OGC–2, ‘‘Attorney

Misconduct Files; FCC/OGC–2,

‘‘Employee Complaint Adjudication;’’

FCC/OGC–6, ‘‘Private or Civil Injury

Claimants;’’ FCC/OIG–1, ‘‘Criminal

Investigative Files;’’ FCC/OIG–2,

‘‘General Investigative Files;’’ and FCC/

OMB–4, ‘‘Security Office Control Files.’’

The expansion of 15 systems of

records to include additional

components and updates:

FCC/Central-1, ‘‘Pay and Leave,’’ was

modified to remove the travel

component, which was transferred to

FCC/OMD–6, and to add the ‘‘leave

transfer’’ program. The records in this

system of records were also expanded to

include Social Security Numbers, which

are required to administer the

Commission’s pay and leave

requirements.

FCC/Central-2, ‘‘Employee Locator

Card Files,’’ the purpose of this system

of records was modified to address its

use for administrative offices only. The

system of records was also as expanded

to add five routine uses, as follows:

• Routine use (1) allows disclosure

where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records may be referred to the

appropriate Federal, state, or local

agency responsible for investigating or

prosecuting a violation or for enforcing

or implementing the statute, rule,

regulation, or order;

• Routine use (2) allows disclosure to

a Federal agency, in response to its

request, in connection with the hiring or

retention of an employee, the issuance

of a security clearance, the reporting of

an investigation of an employee, the

letting of a contract, or the issuance of

a license, grant, or other benefit;

• Routine use (3) allows a record on

an individual in this system of records

to be disclosed to a Congressional office

in response to an inquiry the individual

has made to the Congressional office;

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63469

• Routine use (4) allows a record from

this system of records to be disclosed to

an FCC officer in the case where an

emergency of a medical or other nature

involving the employee may occur

while on the job; and

• Routine use (5) permits a record in

this system of records to be disclosed to

the Office of Personnel Management in

order for it to carry out its legally

authorized Government-wide functions

and duties.

FCC/Central-8, ‘‘Telephone Call Detail

and Equipment Loan Records,’’ the

categories of individuals and the

categories of records covered by this

system were expanded to include those

individuals who are loaned electronic

equipment to use when their work

requires them to work outside the office

or to maintain close contact with the

Commission staff, i.e., laptop

computers, pagers/beepers, and cellular

telephone equipment, etc. These records

include the individual’s name, FCC I.D.

badge number, bureau/office, loaned

equipment’s barcode number, serial

number, model number, and modem

number.

FCC/Central-9, ‘‘Denial of Federal

Benefits (Drug Debarment List),’’ the

categories of records in this system were

expanded to include the person’s

Taxpayer Identification Number (TIN).

FCC/Central-10, ‘‘Access Control

System,’’ the categories of records in the

system were modified to limit the data

elements in the ‘‘visitors database’’ to

just the person’s first and last names

and their numerical identifier. (The

person’s telephone number, destination,

agency or firm name, and the

photographic identification elements

were removed as required fields.)

FCC/CIB–1, ‘‘Informal Complaints

and Inquiries Files (Broadcast, Common

Carrier, and Wireless

Telecommunications Bureau Radio

Services),’’ was expanded to include

other telecommunications service

complaints and inquiries as noted in the

title change. The Commission now

redacts information which could

identify the complainant or

correspondent, i.e., name, address, and/

or telephone number, before it allows

the public to inspect the records.

Several routine uses were added as

follows:

• Routine use (1) permits a record

from this system to be disclosed when

a complaint against a common carrier is

involved, the complaint is forwarded to

the defendant carrier who must, within

a prescribed time frame, either satisfy

the complaint or explain to the

Commission and the complainant its

failure to do so;

• Routine use (3) permits a record

from this system to be disclosed to a

Federal agency, in response to its

request, in connection with the hiring or

retention of an employee, the issuance

of a security clearance, the reporting of

an investigation of an employee, the

letting of a contract, or the issuance of

a license, grant, or other benefit;

• Routine use (6) permits a record on

an individual in this system of records

to be disclosed to a Congressional office

in response to an inquiry the individual

has made to the Congressional office;

and

• Routine use (7) permits a record

from this system of records to be

disclosed to GSA and NARA for the

purpose of records management

inspections conducted under authority

of 44 U.S.C. 2904 and 2906. Such

disclosure shall not be used to make a

determination about individuals.

FCC/EB–1, ‘‘Violators File,’’ the

categories of individuals covered by this

system were expanded to include

licensees, applicants, and unlicensed

persons under parts 80, 87, 90, 94, 95,

and 97 of the rules about whom there

were questions of compliance with the

Commission’s rules or the

Communications Act of 1934, as

amended. One routine use was also

added as follows:

• Routine use (4) was modified so

that a record from this system of records

may be disclosed in response to a

request for information from a Federal,

state, or local agency maintaining civil,

criminal, or other relevant enforcement

information or other pertinent

information, such as licenses, if

necessary to obtain information relevant

to a Commission decision concerning

the hiring or retention of an employee,

the issuance of a security clearance, the

letting of a contract, or the issuance of

a license, grant, or other benefit.

FCC/OET–1, ‘‘Experimental Radio

Station License Files,’’ the categories of

records in this system have been

expanded to include the applicant’s

FCC Registration Number (FRN), FCC

Form 702, Application for Consent to

Assignment of Radio Station

Construction Authorization or License;

and FCC Form 703, Application for

Consent to Transfer Control of

Corporation Holding Station License. A

routine use was added as follows:

• Routine use (1) in this system was

modified to restrict disclosure of

information if it is not routinely

available for public inspection under

§ 0.457 of the Commission’s rules, 47

CFR 0.459, or a request that the

information be given confidential

treatment is granted under § 0.459 of the

Commission’s rules, 47 CFR 0.459.

FCC/OGC–5, ‘‘Parties with Pending

Civil Cases that Affect the Commission

before any District Court; before any

Court of Appeals; and before the

Supreme Court,’’ the name of this

system was modified to include

additional courts.

FCC/OMD–2, ‘‘Labor and Employee

Relations Case Files,’’ has been

modified to add a routine use as

follows:

• Routine use (1) permits disclosure

to FCC officials when such officials

have a ‘‘need to know’’ in carrying out

their official duties.

FCC/OMD–3, ‘‘Federal Advisory

Committee Membership File (FACA),’’

the categories of records in this system

have been expanded to include copies

or originals of financial disclosure

forms, whenever they must be filed by

the committee members, may be kept by

the members’ respective advisory

committees. Specific information on

Advisory Committees is generally stored

with each Advisory Committee Official

while the more general information

about the committees is the Office of the

Managing Director. In addition the

routine uses were also modified or

expanded as follows:

• Routine use (2) which allows for

disclosure of information to the public,

upon request, has been modified to

make these records available in both

hardcopy and electronic;

• Routine use (3) which permits

disclosure to the General Services

Administration (GSA) has been

expanded to permit disclosure, if

necessary, to the Office of Management

and Budget (OMB), for use in compiling

an annual report; and

• Routine use (4) has been added

which may permit a record in this

system to be disclosed to furnish

information to Congress in response to

periodic Congressional inquiries.

FCC/OMB–6, ‘‘Records of Money

Owed, Received, Refunded, and

Returned,’’ was modified to add

‘‘Owed’’ to the title of this system of

records. A travel component was

transferred from FCC/Central-1 to this

system of records. The categories of

records in this system were also

expanded to include the Taxpayer

Information Number (TIN), the FCC

Registration Number (FRN), and loan

payment information;

FCC/OMD–7, ‘‘FCC Employee Transit

Benefit and Parking Permit Programs,’’

has added a mass transit component and

handicap provisions which has

expanded the number of routine uses

applicable to this system of records.

These are as follows:

• Routine use (4) which allows a

record in this system to be disclosed to

63470 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

a FCC employee in his/her individual

capacity when inquiring about his/her

application that was submitted for the

Transit Benefit and/or Parking Permit

Programs. Employees may do so by

supplying their full name and FCC ID

Badge Number (Identification Number

must match number in the system);

• Routine use (5) which allows record

in this system to be disclosed where

there is an indication of

misrepresentation to obtain, or misuse

of, a transit benefit; and/or parking

permit, records from this system may be

referred to the appropriate FCC official

responsible for revoking the transit

benefit and/or parking permit, and

recovering the unauthorized amount of

used transit benefit, suspending

employee participation in the programs,

and/or may result in disciplinary action;

• Routine use (6) which allows record

in this system to be disclosed to GSA/

GAO for the purposes of records

management inspections conducted.

Such disclosure shall not be used to

make a determination about an

individual;

• Routine use (7) which allows a

record in this system to be used for

administrative purposes by authorized

personnel for production of listings and

reports. This system may be used for

periodic review of re-certification, and

to ensure eligibility for, and receipt of,

transit benefit and parking privileges;

• Routine use (8) which allows a

record from this system to be disclosed

for a request for information from a

Federal, state, or local agency in

connection with the approval/

disapproval of an application for special

parking assignment; and

• Routine use (9) which allows a

record in this system to be disclosed to

agency contractors, who have been

engaged by the agency to assist in the

performance of a service related to this

system of records and who need to have

access to the records in order to perform

the necessary activity. Recipients will

be required to comply with the

requirements of the Privacy Act of 1974,

as amended, pursuant to 5 U.S.C.

552a(m).

FCC/WTB–1, ‘‘Wireless Services

Licensing Records,’’ the categories of

records has been expanded to include

the Taxpayer Identification Number

(TIN) which appears on all FCC forms

listed under this system of records.

FCC/WTB–5, ‘‘Application Review

List for Present or Former Licensees,

Operators, or Unlicensed Persons

Operating Radio Equipment

Improperly,’’ was expanded to include

seven routine uses. These are as follows:

• Routine use (1) allows a record from

this system of records to be disclosed

where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulations or order;

• Routine use (2) allows record from

this system to be disclosed to request

information from a Federal, state, or

local agency maintaining civil, criminal,

or other relevant enforcement

information or other pertinent

information, such as licenses, if

necessary to obtain information relevant

to a Commission decision concerning

the issuance of a license, grant or other

benefit or enforcement proceedings;

• Routine use (3) allows a record from

this system to be disclosed to a Federal

agency, in response to its request, in

connection with the hiring or retention

of an employee, the issuance of a

security clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant or other benefit;

• Routine use (4) allows a record on

an individual in this system of records

to be disclosed to a Congressional office

in response to an inquiry the individual

has made to the Congressional office.

• Routine use (5) allows a record from

this system of records to be disclosed to

GSA and NARA for the purpose of

records management inspections

conducted under authority of 44 U.S.C.

2904 and 2906. Such disclosure shall

not be used to make a determination

about individuals;

• Routine use (6) allows a record on

an individual in this system of records

to be disclosed, where pertinent, in any

legal proceeding to which the

Commission is a party before a court or

administrative body;

• Routine use (7) allows a record from

this system of records to be disclosed to

the Department of Justice or in a

proceeding before a court or

adjudicative body when:

(a) The United States, the

Commission, a component of the

Commission, or, when arising from his

employment, an employee of the

Commission is a party to litigation or

anticipated litigated or has an interest in

such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

A complete list of all FCC systems of

records is published below. The

complete text of the notices follows:

Table of Contents

1. FCC/Central-1, Pay and Leave Records.

2. FCC/Central-2, Employee Locator Card

Files.

3. FCC/Central-5, Drug-Free Federal

Workplace Program.

4. FCC/Central-6, Personnel Investigation

Records.

5. FCC/Central-7, Freedom of Information

Act (FOIA) Case File.

6. FCC/Central-8, Telephone Call Detail

and Equipment Loan Records.

7. FCC/Central-9, Denial of Federal

Benefits (Drug Debarment List).

8. FCC/Central-10, Access Control System.

9. FCC/Central-11, Interoffice (GroupWise)

and Internet E-mail Systems.

10. FCC/Central-12, Garnishment and Levy

of Wages.

11. FCC/CIB–1, Informal Complaints and

Inquiries Files (Broadcast, Common Carrier,

and Wireless Telecommunications Bureau

Radio Services).

12. FCC/CIB–4, Telephone and Electronic

Contacts.

13. FCC/EB–1, Violators File.

14. FCC/EB–2, State and Operational Areas

Emergency Commissions Committee

Membership.

15. FCC/OET–1, Experimental Radio

Station License Files.

16. FCC/OGC–2, Attorney Misconduct

Files.

17. FCC/OGC–3, Employee Complaint

Adjudication.

18. FCC/OGC–5, Parties with Pending Civil

Cases that affect the Commission before any

District Court; before any Court of Appeals;

and before the Supreme Court.

19. FCC/OGC–6, Private or Civil Injury

Claimants.

20. FCC/OIG–1, Criminal Investigative

Files.

21. FCC/OIG–2, General Investigative Files.

22. FCC/OMD–2, Labor and Employee

Relations Case Files.

23. FCC/OMD–3, Federal Advisory

Committee Membership Files (FACA).

24. FCC/OMD–4, Security Office Control

Files.

25. FCC/OMD–6, Records of Money Owed,

Received, Refunded, and Returned.

26. FCC/OMD–7, FCC Employee Transit

Benefit and Parking Permit Program.

27. FCC/OMD–8, Revenue Accounting

Management Information System (‘‘RAMIS’’).

28. FCC/OMD–9, Commission Registration

System (‘‘CORES’’).

29. FCC/WTB–1, Wireless Services

Licensing Records.

30. FCC/WTB–5, Application Review List

for Present or Former Licensees, Operators,

or Unlicensed Persons Operating Radio

Equipment Improperly.

31. FCC/WTB–6, Radio Operator Records.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

FCC/Central-1

SYSTEM NAME:

Pay and Leave Records.

SYSTEM LOCATION:

Associate Managing Director, Human

Resources Management, Office of

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63471

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW, Room 1–B104,

Washington, DC 20554. See FCC

telephone directory for field office

addresses.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Employees of the Federal

Communications Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system contains various records,

including Social Security Numbers,

which are required to administer the

pay and leave requirements of the

Commission.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

44 U.S.C. 3101, 3102, and 3309; 5

U.S.C. 6331–6340; Pub. L. 100–566,

Leave Transfer Program; Executive

Order 9397 (November 22, 1943), which

authorizes the use of the Social Security

Number; and Pub. L. 104–193, Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996.

PURPOSE(S):

1. To authorize payroll deductions for

allotments, savings bonds, charitable

contributions, union dues, health

benefits, and life insurance; collect

indebtedness for overpayment of salary

and unpaid Internal Revenue taxes; pay

income tax obligations to Internal

Revenue Service; authorize issuing of

salary checks by Treasury Department;

report gross wages and separation

information for unemployment

compensation; pay any uncollected

compensation due a deceased employee;

provide for a periodic summary of

employee payroll data and retirement

contributions; and determine eligibility

for and/or authorize donations for the

leave transfer program.

2. As a data source for management

information for production of summary

descriptive statistics and analytical

studies in support of the function for

which the records are collected and

maintained, or for related personnel

management functions or manpower

studies; may also be utilized to respond

to general requests for statistical

information (without personal

identification of individuals) under the

Freedom of Information Act or to locate

specific individuals for personnel

research or other personnel management

functions.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate federal, state,

or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation, or order.

2. A record from this system may be

disclosed to request information from a

federal, state, or local agency

maintaining civil, criminal, or other

relevant information enforcement

information or other pertinent

information, such as licenses, if

necessary to obtain information relevant

to a Commission decision concerning

the hiring or retention of an employee,

the issuance of a security clearance, the

letting of a contract, or the issuance of

a license, grant, or other benefit.

3. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant, or other benefit.

4. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

5. A record from this system of

records may be disclosed to GAO and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

6. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

7. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

8. A record in this system of records

may be disclosed to the Office of

Personnel Management in order for it to

carry out its legally authorized

Government-wide functions and duties.

9. The names, social security

numbers, home addresses, dates of

birth, dates of hire, quarterly earnings,

employer identifying information, and

State of hire of employees may be

disclosed to the Office of Child Support

Enforcement, Administration for

Children and Families, Department of

Health and Human Services for the

purposes of locating individuals to

establish paternity, establishing and

modifying orders of child support,

identifying sources of income, and for

other child support enforcement actions

as required by the Personal

Responsibility and Work Opportunity

Reconciliation Act (Welfare Reform

Law, Pub. L 104–193).

In each of these cases, the FCC will

determine whether disclosure of the

record is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in an

automated personnel and payroll system

and in files in folders, cards, magnetic

tapes, and loose leaf binders.

RETRIEVABILITY:

Records are indexed by name and

social security number.

SAFEGUARDS:

Records are maintained in filing

cabinets in an office that is locked when

not occupied by staff. Automated and

manual records are available only to

authorized personnel whose duties

require access. Data resident on network

servers are backed-up daily to magnetic

media. One week’s worth of back-up

tapes is stored on-site in fireproof saves.

Each week, the previous week’s backup

tapes are sent to an off-site storage

location. A maximum of ten week’s

tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

Records are maintained for varying

periods of time from one year to

permanently in accordance with

General Records Schedules issued by

the National Archives and Records

Administration. Disposal is by

shredding.

SYSTEM MANAGER(S) AND ADDRESS:

Associate Managing Director, Human

Resources Management, Office of the

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–B104,

Washington, DC 20554, or the

appropriate administrative office in

which the individual is employed.

63472 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager. It is necessary to furnish the

following information in order to

identify the individual whose records

are requested: Full name; Date of Birth;

Social Security Number; and Mailing

address to which the reply should be

mailed.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager. Requesters should reasonably

specify the record contents being

contested.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager. Requesters should reasonably

specify the record contents being

contested.

RECORD SOURCE CATEGORIES:

Information is provided by

management officials and by the

individuals on whom the record is

maintained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-2

SYSTEM NAME:

Employee Locator Card Files.

SYSTEM LOCATION:

Mailroom and administrative offices

of the Federal Communications

Commission (FCC), 445 12th Street, SW,

Room TW–C201, Washington, DC

20554, and FCC field offices. See FCC

telephone directory for field office

addresses.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Current employees of the Federal

Communications Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. This system contains information

regarding the employee’s office,

organizational location, telephone

number, home telephone number and

address.

2. This system also contains the home

address and telephone number of the

employee, and the name, address, and

telephone number of an individual to

contact in the event of a medical or

other emergency involving the

employee.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301.

PURPOSE(S):

Information in this system of records

is collected for use of the administrative

offices. The records in this system serve

to identify an individual for office

officials to contact, should an

emergency of a medical or other nature

involving the employee occur while the

employee is on the job.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

The records in this system of records

may be used:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system of records may

be referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, or regulation, or order.

2. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant, or other benefit.

3. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

4. A record from this system of

records may be disclosed to an FCC

officer in the case where an emergency

of a medical or other nature involving

the employee may occur while on the

job.

5. A record in this system of records

may be disclosed to the Office of

Personnel Management in order for it to

carry out its legally authorized

Government-wide functions and duties.

In each of these cases, the FCC will

determine whether disclosure of the

record is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on cards or 3′′

x 5′′ paper.

RETRIEVABILITY:

Records are retrieved by the

employee’s name.

SAFEGUARDS:

Records are maintained in secured

areas and are available only to

authorized personnel whose duties

require access.

RETENTION AND DISPOSAL:

Records are maintained as long as the

individual is an employee of the Federal

Communications Commission. Expired

records are destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:

Appropriate personnel or

administrative office in which the

employee is employed.

NOTIFICATION PROCEDURE:

FCC employees wishing to inquire

whether this system contains

information about them should contact

the appropriate FCC administrative

officer where employed. Individuals

must supply their full name in order for

records to be located and identified.

RECORD ACCESS PROCEDURES:

Same as above.

CONTESTING RECORD PROCEDURES:

Same as above.

RECORD SOURCE CATEGORIES:

Individual on whom the record is

maintained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-5

SYSTEM NAME:

Drug-Free Federal Workplace

Program.

SYSTEM LOCATION:

Associate Managing Director—

Administrative Operations, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Washington, DC

20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

FCC employees who seek guidance

and counseling through the agency

Drug-Free Federal Workplace Program.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system includes information on

an employee’s personal history as it

relates to his/her problem. The system

also contains records on employees

referred for counseling.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C.

PURPOSE(S):

Reference material for the use of the

Program Administrator and Counselors.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Records in this system of records

contain reference material(s) for the use

of the Program Administrator and

Counselors. In each case, the FCC will

determine whether disclosure of the

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63473

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored in locked metal

cabinets in the Program Administrator’s

Office.

RETRIEVABILITY:

Records are filed and retrieved by

name of the employee.

SAFEGUARDS:

Records are maintained in an office

that is locked when not occupied by the

Program Administrator. They are

maintained in strict confidence and are

accorded the same security and

accessibility restrictions provided for

medical records.

RETENTION AND DISPOSAL:

Records are kept indefinitely or until

the employee leaves the FCC, at which

time they are destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:

Associate Managing Director—

Administrative Operations, Office of the

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Washington, DC

20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Employee, employee’s supervisor, and

counselors.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-6

SYSTEM NAME:

Personal Investigation Records.

SECURITY CLASSIFICATION:

None for the system; however, items

or records within the system may have

national defense/foreign policy

classifications up through secret.

SYSTEM LOCATION:

Security Operations Center, Assistant

Managing Director—Administrative

Offices (AMD–AO), Office of Managing

Director, Federal Communications

Commission (FCC), 445 12th Street,

SW., Room 1–B458, Washington, DC

20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

1. Current and former FCC employees

or applicants for employment in the

Federal service.

2. Individuals considered for access to

classified information or restricted areas

and/or security determinations such as

contractors, experts, instructors, and

consultants to Federal programs.

3. Individuals who are neither

applicants nor employees of the Federal

Government, but who are or were

involved in Federal programs under a

co-operative agreement.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. These records contain investigative

information regarding an individual’s

character, conduct, and behavior in the

community where he or she lives or

lived; arrests and convictions for

violations against the law; reports of

interviews with present and former

supervisors, co-workers, associates,

educators, etc.; reports about the

qualifications of an individual for a

specific position; reports of inquiries

with law enforcement agencies,

employers, educational institutions

attended; reports of action after OPM or

FBI Section 8(d) Full Field

Investigation; Notices of Security

Investigation and other information

developed from the above described

Certificates of Clearance; and in some

instances a photograph of the subject.

2. Also contained are investigative

data concerning allegations of

misconduct by an FCC employee;

miscellaneous complaints not covered

by the FCC’s formal or informal

grievance procedure; and inquiries

conducted under the President’s

Program to eliminate waste and fraud in

Government.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 CFR part 5; 5 U.S.C. 1303, 1304, and

3301; Executive Orders 10450 and

11222; and 47 CFR 19.735–107.

PURPOSE(S):

The records in this system are used to

provide investigative information for

determinations concerning compliance

with Federal regulations and for

individual personal determinations

including suitability and fitness for

Federal employment, access to

classified information or restricted

areas, security clearances, evaluations of

qualifications, loyalty to the U.S., and

evaluations of qualifications and

suitability for performance of

contractual services for the U.S.

Government; to document such

determinations; to take action on or

respond to a complaint or inquiry

concerning an FCC employee or to

counsel the employee.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation, or order.

2. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

3. A record for this system of records

maybe disclosed to GSA and NARA for

the purpose of records management

inspections conducted under authority

of 44 U.S.C.2904 and 2906. Such

disclosure shall not be used to make a

determination about individuals.

4. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

5. Information from this system may

be disclosed to designated officers and

employees of agencies, offices, and

other establishments in the executive,

legislative, and judicial branches of the

Federal Government, and the District of

Columbia Government, when such

agency, office, or establishment

conducts an investigation of the

individual of the purpose of granting a

security clearance, making a

determination of qualifications,

suitability, or loyalty to the United

States Government, or access to

classified information or restricted

areas.

6. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudication body

when:

(a) The United States, the

Commission, a component of the

Commission, or when represented by

the government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

In each of these cases, the FCC will

determine whether disclosure of the

63474 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records are stored in file

folders.

RETRIEVABILITY:

Records are retrieved by name of the

individual subject.

SAFEGUARDS:

Records are maintained within a

secure, access-controlled area, and

stored in approved security containers.

Access is limited to cleared Security

Officer personnel and to Commission

officials on a ‘‘need to know’’ basis

when required.

RETENTION AND DISPOSAL:

Records are retained during

employment or while individual is

actively involved in federal programs.

As appropriate, records are returned to

investigating agencies after employment

terminates. Records are retained for five

years from the date that the employee

departs from the Commission. Records

are destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:

Security Operations Center, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW, Room 1–B458,

Washington, DC 20554.

NOTIFICATION, RECORD ACCESS AND CONTESTING

RECORD PROCEDURES:

This system is exempt from the

requirement that the agency publish the

procedures for notifying an individual,

at his or her request, if the system

contains a record pertaining to him/her,

for gaining access to such record, and

for contesting the contents of the record.

RECORD SOURCE CATEGORIES:

This system is exempt from the

requirement that the agency publish the

categories of sources of records in this

system.

EXEMPTION FROM CERTAIN PROVISIONS OF THE

ACT:

This system of records is exempt from

subsections (c)(3), (d), (e)(4)(G), (H), and

(I), and (f) of the Privacy Act of 1974,

5 U.S.C. 552(a), and from 47 CFR 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.

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.

FCC/Central-7

SYSTEM NAME:

Freedom of Information Act (FOIA)

Case Files.

SYSTEM LOCATION:

FOIA Office, Federal Communications

Commission (FCC), 445 12th Street, SW,

Washington, DC.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Individuals or organizations

requesting access to inspect and/or copy

records of the Commission under

provisions of the FOIA.

CATEGORIES OF RECORDS IN THE SYSTEM:

Name, address, and other information

about the requester and the records

sought.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Freedom of Information Act (1994 and

Supp. II 1996), 5 U.S.C. 552.

PURPOSE(S):

Records are available to FOIA staff

involved in correspondence and

investigative processes, including

appeals officials and members of the

FCC General Counsel staff.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. In the event the Commission deems

it desirable or necessary, in determining

whether particular records are required

to be disclosed under the FOIA,

disclosure may be made to the

Department of Justice for the purpose of

obtaining its advice.

2. Where the appropriate official of

the Commission, pursuant to the

Commission’s FOIA Regulation

determines that it is in the public

interest to disclose a record which is

otherwise exempt from mandatory

disclosure, disclosure may be made

from the system of records.

3. The Commission contracts with a

private firm for the purpose of

searching, duplicating, and distributing

to the public the documents maintained

by the Commission and available for

inspection under the Act. The

contractor is required to maintain

Privacy Act safeguards on such records.

4. A record on an individual in this

system may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

5. In the event of litigation where the

defendant is:

(a) The Commission, or any employee

of the Commission in his or her official

capacity;

(b) The United States where the

Commission determines that the claim,

if successful, is likely to directly the

Commission’s operations; or

(c) Any Commission employee in his

or her individual capacity where the

Justice Department has agreed to

represent such employee, the

Commission may disclose such records

as it deems desirable or necessary to the

Department of Justice to enable that

Department to present an effective

defense.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records maintained in case files

(original or copy of incoming request

and written response). Electronic

records are maintained in an electronic

database.

RETRIEVABILITY:

Records are indexed by FOIA control

number of individual requester.

SAFEGUARDS:

Paper records are maintained in

locked file cabinets in the office of FOIA

officer, with limited access. Electronic

records are secured through controlled

access and passwords to restricted office

personnel. Data resident on network

servers are backed-up daily to magnetic

media. One week’s worth of back-up

tapes is stored on-site in fireproof saves.

Each week, the previous week’s backup

tapes are sent to an off-site storage

location. A maximum of ten week’s

tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

Individual case files are maintained

for two years after the date of reply.

Denied requests and appeals of denials

may be retained for longer periods (up

to six years after final action) in

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63475

accordance with FOIA and FCC records

control schedules.

SYSTEM MANAGER(S) AND ADDRESS:

FOIA Officer, Federal

Communications Commission (FCC),

445 12th Street, SW, Washington, DC

20554.

NOTIFICATION PROCEDURE:

Address inquiries to the FOIA Officer.

RECORD ACCESS PROCEDURES:

Address inquiries to the FOIA Officer.

CONTESTING RECORD PROCEDURES:

Address inquiries to the FOIA Officer.

RECORD SOURCE CATEGORIES:

Individuals and organizations making

requests under FOIA or from bureaus or

offices of the Commission reporting on

the handling of such requests for

inclusion in the annual report to

Congress.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-8

SYSTEM NAME:

Telephone Call Detail and Equipment

Loan Records.

SYSTEM LOCATION:

Office of the Managing Director,

Information Technology Center,

Operations Group, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–C361,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

1. This system of records contains

information concerning the following

actions:

(a) Individuals originating calls from

FCC telephones and individuals

receiving such calls;

(b) Individuals placing calls to or

charging calls to FCC telephones

(including cellular telephones);

(c) Individuals receiving such calls, or

accepting the charges; and

(d) Individuals who are loaned

electronic equipment to use when their

work requires them to work outside the

office or to maintain close contact with

the Commission staff, i.e., laptops,

pagers and cellular telephones.

2. The primary record subjects are

current and former FCC employees, as

well as individuals employed under any

employment arrangement such as a

contract or cooperative agreement;

grantees; or other persons performing on

behalf of the FCC.

3. Incidental to the coverage of the

primary record subjects are nonemployees who may be identified by

telephone number during an inquiry or

investigation relating to a potential

improper or unofficial use of

Government telephones or other illegal

or improper activity by the primary

record subject.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. Records in the system of records

related to telephone calls placed to and

from FCC phones, and the assignment of

telephone numbers to employees and

the location of the telephone in the FCC.

Since this system includes cellular

telephones, any local call to or from a

cellular telephone would be included.

2. The records may include such

information as the number called from,

the number called, time and date of the

call, duration, disposition, and the cost

of the call and/or charges accepted, and

the FCC component to which the

relevant telephone numbers are

assigned.

3. The system may also include copies

of related records, e.g., any periodic

summaries which may have been

compiled to reflect the total number of

long distance calls.

4. The database(s) from which

telephone numbers are retrieved

contains the names of employees and

their office locations, but no other

personal identifiers such as social

security numbers.

5. The CD–ROM files contain the

agency telephone bills which provide

details on all calls to and from the FCC

telephones.

6. The paper files consist of a

combination of the database and CD–

ROM files.

7. Records in this system also include

records of electronic equipment loaned

to staff to use when their work requires

them to work outside the office or to

maintain close contact with the

Commission staff, i.e., laptops, cellular

telephones, and pagers.

8. These records would contain the

following information:

(a) Individual’s name, FCC I.D. badge

number, and Bureau/Office;

(b) Loaned equipment’s barcode

number; serial number; model number;

and modem number.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

1. 44 U.S.C. 3101, which authorizes

agencies to create and preserve records

documenting agency organizations,

functions, procedures, and transactions;

2. 31 U.S.C. 1348b., which authorizes

the use of appropriated funds to pay for

long distance calls only if required for

official business or necessary in the

interests of the Government;

3. 47 U.S.C. 154(I), which authorizes

the FCC to take actions necessary to

execute its functions;

4. 5 CFR 2635.704a., which prohibits

use of Government property for other

than authorized purposes; and

5. 41 CFR 201–21.601 and 201–

21.602, which require that the

Government telecommunications

systems be used for official purposes

only, and authorizing agencies to collect

for unauthorized calls.

PURPOSE(S):

1. This system of records is used to

keep track of local and long-distance

telephone calls placed to and from FCC

phones, including cellular telephones

and the records of the equipment loaned

out and those who have borrowed it.

2. The telephone records may include

such information as the number called

from, the number called, time and date

of the call, duration, disposition, the

cost of the call and/or charges accepted,

and the FCC component to which the

relevant telephone numbers are

assigned. By maintaining these records,

the FCC can monitor the charges for

long distance or cellular calls and also

determine if such calls are being made

for other than Commission-related

purposes.

3. When wireless instruments are

loaned, the individual staff must sign

the FCC Wireless Telecommunications

Statement of Understanding and fill out

FCC Form A–476, Custodial Receipt for

Sensitive FCC Property when the

equipment loan is made.

4. The equipment loan records

include the type of equipment

borrowed, the borrower, and the

duration of the loan.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

The FCC does not normally disclose

records from this system of records.

However, in the event it is appropriate,

disclosure of relevant information may

be made in accordance with the

provisions of 5 U.S.C. 552(a)(b). Records

and data may be disclosed as necessary

pursuant to 5 U.S.C. 552(a)(b):

1. A record in this system of records

may be disclosed to a member of

Congress or to a Congressional staff

member in response to an inquiry of the

Congressional office made at the written

request of the constituent about whom

the record is maintained;

2. A record in this system of records

may be disclosed to representatives of

the General Services Administration or

63476 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

the National Archives and Records

Administration who are conducting

records management inspections under

the authority of 44 U.S.C. 2904 and

2906;

3. A record in this system of records

may be disclosed to the Department of

Justice (DOJ) when:

(a) The agency or any component

thereof; or any employee of the agency

in his or her official capacity where the

DOJ has agreed to represent the

employee; or

(b) The United States Government is

a party to litigation or has an interest in

such litigation, and by careful review,

the agency determines that the records

are both relevant and necessary to the

litigation and the use of such records by

the DOJ is therefore deemed by the

agency to be for a purpose that is

compatible with the purpose for which

the agency collected the records.

4. A record in this system of records

may be disclosed to a court or

adjudicative body in a proceeding

when:

(a) The agency or any component

thereof; any employee of the agency in

his or her official capacity; or any

employee of the agency in his or her

official capacity where the agency has

agreed to represent the employee; or

(b) The United States Government is

a party to litigation or has an interest in

such litigation, and by careful review,

the agency determines that the records

are both relevant and necessary to the

litigation and the use of such records is

therefore deemed by the agency to be for

a purpose that is compatible with the

purpose for which the agency collected

the records.

5. A record in this system of records

may be disclosed to law enforcement

agencies when a record on its fact, or in

conjunction with other records,

indicates a violation or potential

violation of the law, whether civil,

criminal, or regulatory in nature, and

whether arising by general statute or

particular program statute, or by

regulation, rule, or order issued

pursuant thereto, disclosure may be

made to the appropriate agency,

whether Federal, foreign, state, local, or

tribal, or other public authority

responsible for enforcing, investigating,

or prosecuting such violation or charged

with enforcing or implementing the

statute, or rule, regulation, or order

issued pursuant thereto, if the

information disclosed is relevant to any

enforcement, regulatory, investigative,

or prospective responsibility of the

receiving entity;

6. A record in this system of records

may be disclosed to agency contractors,

grantees, experts, consultants, or

volunteers who have been engaged by

the agency to assist in the performance

of a service related to this system of

records and who need to have access to

the records in order to perform the

activity. Recipients shall be required to

comply with the requirements of the

Privacy Act of 1974, as amended,

pursuant to 5 U.S.C. 552a (m);

7. A record in this system of records

may be disclosed to the National

Finance Center (the FCC’s designated

payroll office), the Department of the

Treasury Debt Management Services

and/or a current employer to effect a

salary, IRS tax refund, or administrative

offset to satisfy an indebtedness

incurred for unofficial telephone and

cellular calls; and to Federal agencies to

identify and locate former employees for

the purposes of collecting such

indebtedness, including through

administrative, salary, or tax refund

offsets. Identifying and locating former

employees, and the subsequent referral

to such agencies for offset purposes,

may be accomplished through

authorized computer matching

programs. Disclosures will be made only

when all procedural steps established

by the Debt Collection Act of 1982 and

the Debt Collection Improvement Act of

1996 or the Computer Matching and

Privacy Protection Act of 1988 as

appropriate, have been taken;

8. A record in this system of records

may be disclosed to a Federal, State,

local, or foreign agency 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

retention of an employee or other

personnel action (other than hiring), the

retention of a security clearance, the

letting of a contract, or the issuance or

retention of a grant, or other benefit; and

9. A record in this system of records

may be disclosed to a Federal, State,

local, foreign, or tribal or other

information relevant to the retention of

an employee, the retention of a security

clearance, the letting of a contract, or

the issuance or retention of a license,

grant, or other benefit. The other agency

or licensing organization may then make

a request supported by the written

consent of the individual for the entire

record 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.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained electronically

in one of three databases (PCS, cellular

telephones, and pagers), on paper, and

on CD–ROM. The databases are

password protected and updated daily.

Authorized individuals can check the

current databases during sign out when

individuals leave the FCC to ensure that

the departing staff has returned any

loaned equipment.

RETRIEVABILITY:

Telephone call records are retrieved

by bureau or office name, the employee

name, name of recipient of telephone

call, telephone number. Equipment loan

records are retrieved by the employee

name, equipment barcode number,

serial number, and model or modem

numbers.

SAFEGUARDS:

Paper and CD–ROM records are

maintained in file cabinets in offices

which are locked at the end of the

business day. Information in the

database is secured through controlled

access and passwords restricted to

administrative office personnel. Data

resident on network servers are backedup daily to magnetic media. One week’s

worth of back-up tapes is stored on-site

in fireproof safes. Each week, the

previous week’s backup tapes are sent to

an off-site storage location. A maximum

of ten week’s tapes are kept and cycled

in this fashion.

RETENTION AND DISPOSAL:

Records are disposed of in accordance

with General Records Schedule 12,

National Archives and Records

Administration.

SYSTEM MANAGER(S) AND ADDRESS:

Appropriate bureau or office chief and

first line supervisors in the Federal

Communications Commission, 445 12th

Street, SW., Washington, DC 20554. See

FCC telephone directory for a list of

field office telephone numbers or the

commercial telephone directory under

‘‘U.S. Government.’’

NOTIFICATION PROCEDURE:

Ask for ‘‘Records Access Procedures’’

in making inquiries regarding this

system. The inquiries should be

addressed to the system manager, Office

of Managing Director, Information

Technology Center, Operations Group,

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63477

Federal Communications Commission

(FCC), 445 12th Street, SW.,

Washington, DC 20554.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Telephone assignment records; call

detail listings; results of administrative

inquiries relating to assignment of

responsibility for placement of specific

long distance calls.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-9

SYSTEM NAME:

Denial of Federal Benefits (Drug

Debarment List).

SYSTEM LOCATION:

Financial Operations Center,

Associate Managing Director—Financial

Operations (AMD–FO), Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–A663,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Individuals convicted of offenses

concerning the distribution or

possession of controlled substances,

who have been denied all Federal

benefits or FCC benefits as part of their

sentence pursuant to Section 5301 of the

Anti-Drug Abuse Act of 1988, and who

have also filed applications for any FCC

professional or commercial license.

CATEGORIES OF RECORDS IN THE SYSTEM:

The records within this system will

consist of a database provided to the

FCC from the Department of Justice

(DOJ) regarding individuals who have

been denied all Federal benefits or FCC

benefits pursuant to section 5301 of the

Anti-Drug Abuse Act of 1988.

1. The data elements to be used by the

FCC are: DOJ identification number (ID)

for the person denied Federal benefits,

Person’s name, Taxpayer Identification

Number (TIN), and Starting and ending

date of the denial of Federal benefits.

2. All other data elements in the

database will be immediately discarded.

3. When there is a match of name and

TIN from the database with the name

and address of an application on file

with the FCC, the FCC will then obtain

from DOJ additional data elements:

Person’s name, address, and zip code. If

also required by the FCC application,

the person’s date of birth.

4. If manual comparison of the

application information with the

information obtained from DOJ confirms

a match, the FCC will prepare a

confirmation report to be attached to the

application. The confirmation report

will reflect the identifying information

obtained from the DOJ debarment entry,

but it will not include the DOJ ID

number for that debarment entry. Upon

such a match, the FCC will initiate

correspondence with the applicant,

which will also be associated with the

application. The confirmation report

and any correspondence with the

applicant will be among the records

found in this system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Section 5301 of the Anti-Drug Abuse

Act of 1988, Pub. L. 100–690, as

amended by section 1002(d) of the

Crime Control Act of 1990, Pub. L. 101–

647 (21 U.S.C. 862), and sections 4(i)

and 4(j) of the Communications Act of

1934 (47 U.S.C. 154(i) and 154(j)).

PURPOSE(S):

The records within the system will be

used for the exchange of information

between DOJ and the FCC in connection

with the implementation of section 5301

of the Anti-Drug Abuse Act of 1988.

This exchange of information permits

the FCC to perform the General Services

Administration (GSA) Debarment List

check as provided for in the Office of

National Drug Control Policy plan for

implementation of section 5301 through

use of information generated by DOJ.

The automated records obtained from

DOJ will only be used by the FCC to

make an initial determination of

whether an individual applicant is

subject to a denial of all Federal benefits

or FCC benefits imposed under section

5301 of the Anti-Drug Abuse Act of

1988.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

This system contains the following

information: Department of Justice

database provided to the FCC; the

database retained by the FCC for use in

the automated system; and the match

reports; and any copies of the

confirmation report that include the

Department of Justice ID number will be

routinely available for use or inspection

by appropriate FCC officials.

The confirmation report (not

including the DOJ ID Number) and any

correspondence with the applicant will

be associated with the applicant’s

application and will thus be made

routinely available for public

inspection.

In each case the FCC will determine

whether disclosure of the records is

compatible with the purpose for which

the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained electronically

on a computer database.

RETRIEVABILITY:

Records are retrieved by supplying

the following information: Name of

applicant, TIN, address (in some

instances) and zip code, date of birth (in

some instances), and FCC fee control

number for the application.

SAFEGUARDS:

The data are provided to the FCC by

the U.S. Department of Justice (DOJ) and

will be protected from tampering,

unauthorized disclosure, and will

follow these procedures:

1. The database will be processed to

extract the information to be used in the

automated system, and the data

elements not being used in the

automated system will be electronically

erased. The remaining data will be

maintained at the main FCC building

with a low risk of unauthorized access.

2. Access points are photo-monitored

by security personnel; all employees are

required to display photo ID badges; and

all visitors must register and wear a

visitor’s badge. Access to the computer

system on which the extracted database

is stored requires use of a unique user

ID with personal identifier, which is

controlled through application and

operating system security.

3. The extracted database is stored in

a separate file in that system, and a

separate password is required for entry

to that file. The password is available to

a limited number of persons based

strictly on a ‘‘need to know’’ basis.

4. The reports of any automated

matches containing the DOJ ID number

will be made available only to the

appropriate FCC officials.

RETENTION AND DISPOSAL:

1. The match reports will be retained

by the FCC for only as long as it is

necessary to obtain the debarment entry

information and corresponding

application for manual confirmation of

the match. Thereafter, they will be

destroyed. However, periodically, a

match report will be randomly retained

for a period of an additional 90 to 120

days to provide a quality check of the

verification process.

63478 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

2. Where the verification process

establish that a match does not indicate

that the applicant has been denied

Federal benefits under section 5301, the

debarment entry information used in

that determination will be retained by

the FCC for 30 days after the application

has cleared the debarment check.

However, as noted above, debarment

entry information relating to match

reports that are retained for quality

control purposes will be retained until

that quality check is completed.

3. Where a match is confirmed by the

manual verification process, the

debarment entry information will be

retained for a period of at least 90 days

after the date of the letter referred to

above. If the application contests the

determination that a section 5301 denial

of Federal benefits bars a grant of the

application, the debarment entry

information will be retained until such

time as the FCC’s action on the

application is no longer subject to

review in any court.

SYSTEM MANAGER(S) AND ADDRESS:

Associate Managing Director–

Financial Operations (AMD–FO),

Managing Director, Office of Managing

Director, Federal Communications

Commission (FCC), 445 12th Street,

SW., Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the AMD–FO.

RECORD ACCESS PROCEDURES:

Address inquiries to the AMD–FO.

CONTESTING RECORD PROCEDURES:

Address inquiries to the AMD–FO.

RECORD SOURCE CATEGORIES:

Individuals making applications who

have been convicted of certain drug

offenses and who have been denied all

Federal benefits or FCC benefits as part

of their sentence.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-10

SYSTEM NAME:

Access Control System.

SYSTEM LOCATION:

Office of the Managing Director,

Security Operations Center, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–B458,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Current FCC employees, current

contractors, frequent visitors, visitors,

temporary hires, special parking access

and day contractor.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system consists of computer

databases, with all records containing

the last and first name, filed

alphabetically by last name, with a

corresponding Badge Number.

1. The FCC employee/temporary hire

database will include: First and last

name, Telephone number, Bureau/

Office, (Supervisor—delete), Room

number, Date of issuance, and Parking

(permit—delete) privilege (number—

delete), if applicable, and property pass

privilege if applicable.

2. The contractor database will

include: First and last name, Contractor

company name, Telephone number,

FCC point of contact, Telephone

number, and Date of issuance.

3. The Frequent Visitor’s database

will include: First and last name,

Employer’s name, Address, Telephone

number, Point of contact at the

employer, and Date of issuance.

4. The Visitor/day contractor database

will include: First and last name along

with numerical identifier.

5. The Special Parking Access

database will include: First and last

name, Telephone number, Employer,

and Date of issuance.

Note: Proof of identity required through

photographic identification is necessary prior

to issuance of the contractor badge and the

frequent visitor’s badge and visitor’s badge.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Presidential Directive based on

Department of Justice report entitled

‘‘Vulnerability Assessment of Federal

Facilities.’’

PURPOSE(S):

This system provides a method by

which the FCC can control and account

for all persons entering the

Commission’s facilities and by which

the FCC may ascertain the times persons

were in these facilities.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential of a statute,

regulation, rule, or order, records from

this system may be referred to the

appropriate Federal, state, or local

agency responsible for investigating or

prosecuting a violation or for enforcing

or implementing the statute, rule,

regulation, or order.

2. A record from this system may be

disclosed to a request for information

from a Federal, state, or local agency

maintaining civil, criminal, or other

relevant information or other pertinent

information if necessary to obtain

information relevant to an investigation.

3. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

4. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

5. Records from this system may be

disclosed to FCC supervisors or

management representatives to ascertain

(either confirm or refute) the times

employees were in the facility.

In each of these cases the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in a password

protected computer database.

RETRIEVABILITY:

Records are retrieved by the name of

the individual on whom they are

maintained by a limited number of

authorized individuals.

SAFEGUARDS:

The computer terminals are stored

within a secured area. The Security

Office staff performs a backup operation

on these files on a weekly—monthly

basis on 1⁄4′′ data cartridge, which are

stored/safeguarded in the Security

Office.

RETENTION AND DISPOSAL:

1. When an employee/contractor/

temporary hire/special parking access

leaves the FCC, the file in the database

is deleted.

2. Frequent visitor badges are given a

two-year valid period, after which the

card will automatically deactivate.

3. All returned visitor/day contractor

cards will be reused on a daily basis.

4. Transaction data for all cards will

be placed on backup discs and stored

for one year in the FCC Security Office

which is locked and alarmed.

SYSTEM MANAGER(S) AND ADDRESS:

Security Operations Center, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–B458,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Individuals wishing to inquire

whether this system of records contains

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63479

information about them should contact

the system manager indicated above.

Individuals must furnish their ‘‘Full

Name’’ for their records to be located

and identified.

RECORD ACCESS PROCEDURES:

Individuals wishing to request access

to records about them should contact

the system manager indicated above.

Individuals must furnish their ‘‘Full

Name’’ for their record to be located and

identified. An individual requesting

access must also follow FCC Privacy Act

regulations regarding verification of

identify and access to records. See 47

CFR 0.554–0.555.

CONTESTING RECORD PROCEDURES:

Individuals wishing to request

amendment of their records should

contact the system manager indicated

above. Individuals must furnish their

‘‘Full Name’’ for their record to be

located and identified. An individual

requesting amendment must also follow

the FCC Privacy Act regulations

regarding verification of identity and

amendment of records. See 47 CFR

0.556–0.557.

RECORD SOURCE CATEGORIES:

The individual to whom the

information applies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-11

SYSTEM NAME:

Inter-office (GroupWise) and Internet

E-mail Systems.

SYSTEM LOCATION:

Information Technology Center,

Office of the Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–C266,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Employees and contractors of the

Federal Communications Commission

in Washington, DC and the field offices.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system of records

include the names, e-mail addresses,

and passwords of all FCC employees

and contractors.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

1. Executive Orders 10450 and 12065;

2. 44 U.S.C. 3101, which authorizes

agencies to create and preserve records

documenting agency organizations,

functions, procedures, and transactions;

3. 47 U.S.C. 154(i), which authorizes

the FCC to take actions necessary to

execute its functions;

4. 5 CFR 2635.704a., which prohibits

use of Government property for other

than authorized purposes; and

5. 41 CFR 201–21.601 and 201–

21.602, which require that the

Government Radio systems be used for

official purposes only.

PURPOSE(S):

These records are maintained by the

Information Technology Center staff to

identify all users on the FCC’s Interoffice and Internet E-mail systems, their

locations, and their passwords. This

information is necessary to insure that

all users abide by the FCC’s Intranet and

Internet regulations and to identify

possible abusers.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Information in this system of records

may be disclosed for the following

reasons:

1. For disclosure to a Federal agency

or the District of Columbia Government,

in response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the conducting of a security

or suitability investigation of an

individual, the classifying of jobs, the

letting of a contract, or the issuance of

a license, grant, or other benefit by the

requesting agency.

2. For disclosure to the security

officer of an agency in the executive,

legislative, or judicial branch, or the

District of Columbia Government, in

response to its request for verification of

security clearances, of FCC employees/

contractors to have access to classified

data or areas where their official duties

require such access.

3. Where there is an indication or a

violation or potential violation of a

statute, regulation, rule, order may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation or order.

4. A record from this system may be

disclosure to request information from a

Federal, state, local or foreign agency

maintaining civil, criminal, or other

relevant enforcement information, or

other pertinent information records, or

to another public authority or

professional organization, if necessary

to obtain information relevant to an

investigation concerning the retention of

an employee or other personnel action

(other than hiring), the retention of a

security clearance, the letting of a

contract, or the issuance of a grant or

other benefit.

5. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to a

Congressional office.

6. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in an

electronic database.

RETRIEVABILITY:

Records are retrieved by bureau or

office name and the employee name and

log-in name.

SAFEGUARDS:

Information in the database is secured

through controlled access and

passwords restricted to administrative

office personnel. Data resident on

network servers are backed-up daily to

magnetic media. One week’s worth of

back-up tapes is stored on-site in

fireproof safes. Each week, the previous

week’s backup tapes are sent to an offsite storage location. A maximum of ten

week’s tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

Records are until the employee or

contract retires or leaves the FCC. The

records are then disposed of in

accordance with General Records

Schedule 12, National Archives and

Records Administration (NARA).

SYSTEM MANAGER(S) AND ADDRESS:

Operations Group, Office of Managing

Director, Federal Communications

Commission (FCC), 445 12th Street,

SW., Room 1–C734, Washington, DC

20554.

NOTIFICATION PROCEDURE:

Ask for ‘‘Records Access Procedures’’

in making inquiries regarding this

system. The inquiries should be

addressed to the system manager, Office

of Managing Director, Information

Technology Center, Operations Group,

Federal Communications Commission

(FCC), 445 12th Street, SW., 1–C266,

Washington, DC 20554.

RECORD ACCESS PROCEDURES:

Same as above.

63480 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

CONTESTING RECORD PROCEDURES:

Same as above.

RECORD SOURCE CATEGORIES:

Same as above.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-12

SYSTEM NAME:

Garnishment and Levy of Wages.

SYSTEM LOCATION:

Associate Managing Director, Human

Resources Management, Office of the

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–B104,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Any Commission employee who is

the subject of a garnishment or levy

order issued by a court of competent

jurisdiction or by another government

entity authorized to issue such order.

CATEGORIES OF RECORDS IN THE SYSTEM:

Garnishment of levy orders served

upon the agency for implementation,

correspondence, memoranda.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301.

PURPOSE(S):

Records are used by staff attorneys in

the General Counsel’s office in directing

the agency’s implementation of

garnishment and levy orders.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule regulation, or order.

2. A record on an individual in this

system or records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

3. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

4. A record in this system of records

which concerns information on pay and

leave, benefits, retirement deductions,

and any other pertinent information

may be disclosed to the Office of

Personnel Management in order for it to

carry out its legally authorized

Government-wide functions and duties.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records are stored in file

folders.

RETRIEVABILITY:

Records are maintained by the name

of the individual subject to garnishment

or levy order.

SAFEGUARDS:

Records are kept in file cabinets in

offices that are secured at the end of

each business day. Because only one or

two office persons have need to

routinely access this system,

unauthorized examinations would be

easily detected.

RETENTION AND DISPOSAL:

Records are normally retained as long

as the Commission remains under the

obligation to implement the particular

garnishment or levy order.

SYSTEM MANAGER(S) AND ADDRESS:

Associate Managing Director, Human

Resources Management, Office of the

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW Room 1–B104,

Washington, DC. 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURE:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Bankruptcy courts, state domestic

relations courts, state public health and

welfare departments or agencies,

Internal Revenue Service, and intraagency memoranda.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/CIB–1

SYSTEM NAME:

Informal Complaints and Inquiries

File (Broadcast, Common Carrier, and

Wireless Telecommunications Bureau

Radio Services).

SYSTEM LOCATION:

Chief, Consumer Information Bureau,

Room 5–C345, Federal Communications

Commission (FCC), 445 12th Street, SW

Washington, DC. 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Individuals and groups who have

made written complaints and/or general

inquiries to, and/or are parties to

informal complaints proceedings on

matters under the Communications Act

of 1996.

CATEGORIES OF RECORDS IN THE SYSTEM:

The records in this system include

both computerized information

contained in a database and paper

copies of inquiries, informal complaints,

and related supporting information,

company replies to complaints, letters

of inquiry, and Commission letters

regarding such complaints made by

individuals, groups, or other entities

pertaining to the FCC’s bureaus and

offices.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

47 U.S.C. 206, 208, 301, 303, 309(e),

312, 362, 364, 386, 507, and 51; and 47

CFR 1.711 et seq.

PURPOSE(S):

The records in this system of records

are used by Commission personnel to

handle and process complaints and

inquiries received from individuals,

groups, and other entities pertaining to

FCC related matters. Records in this

system are available for public

inspection after redaction of information

which could identify the complainant or

correspondent, i.e., name, address and/

or telephone number.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

This system of records is used by

Commission personnel to handle and

process complaints received from

individuals and companies.

1. When a record in this system

involves a complaint against a common

carrier, the complaint is forwarded to

the defendant carrier who must, within

a prescribed time frame, either satisfy

the complaint or explain to the

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63481

Commission and the complainant its

failure to do so.

2. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation, or order.

3. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant or other benefit.

4. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

5. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

6. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

7. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper copies of records in this system

of records are maintained in file folders

and electronic files are located in

computer databases on the FCC

network.

RETRIEVABILITY:

Records are retrieved by individual

name, party name, licensee, applicant or

unlicensed individual, call sign, or file

number.

SAFEGUARDS:

Records are stored in unlocked files

which are secured in the office at the

close of the business day. Access to

computer records is controlled by

password. Data resident on network

servers are backed-up daily to magnetic

media. One week’s worth of back-up

tapes is stored on-site in fireproof safes.

Each week, the previous week’s backup

tapes are sent to an off-site storage

location. A maximum of ten week’s

tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

The records are retained in the

Commission and then destroyed five

years after final action in accordance

with the appropriate records retention

schedule.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Consumer Information Bureau,

Federal Communications Commission,

445 12th Street, Room 5–C345, SW.,

Washington, DC. 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager. An individual requesting

access must follow FCC Privacy Act

regulations regarding verification of

identity and amendment of records. See

47 CFR 0.556–0.557.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Complaints and subject carriers.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/CIB–4

SYSTEM NAME:

Telephone and Electronic Contacts.

SYSTEM LOCATION:

Consumer Information Network

Division, Consumer Information Bureau,

Federal Communications Commission

(FCC), 445 12th Street, SW.,

Washington, DC 20554 and 1270

Fairfield Road, Gettysburg,

Pennsylvania 17325.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

This system of records includes

individuals or entities who have made

complaints or inquiries.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system of records includes

complaints and related information,

company or business replies to

complaints, letters of inquiry, and

Commission letters regarding or

responding to such complaints and

inquiries.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Sec. 4(i) and (j) of the

Communications Act of 1934, as

amended, 47 U.S.C. 154 (i) and (j).

PURPOSE(S):

These records are used by the FCC

staff to handle, respond, and process

inquiries and complaints received from

individuals, companies, and other

entities.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of any

statute, regulation, rule, or order,

records from this system may be

referred and disclosed to the

appropriate Federal, state, or local

agency responsible for investigating or

prosecuting a violation or for enforcing

or implementing the statute, rule,

regulation, or order.

2. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the FCC is a party before a

court or any other administrative body.

3. A record from this system of

records may be referred and disclosed to

the Department of Justice or in a

proceeding before a court or any

adjudicative body when:

(a) The United States, the FCC, a

component of the FCC, or, when

represented by the government, an

employee of the FCC, is a party to

litigation or anticipated litigation or has

an interest in such litigation, and

(b) the FCC determines that the

disclosure is relevant or necessary to the

litigation.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in computer

databases on the FCC’s internal

network.

63482 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

RETRIEVABILITY:

Records are retrieved by telephone

number, name of caller, address,

subject, or reason for call.

SAFEGUARDS:

The computer systems are stored

within secured areas. Data resident on

network servers are backed-up daily to

magnetic media. One week’s worth of

back-up tapes is stored on-site in

fireproof safes. Each week, the previous

week’s backup tapes are sent to an offsite storage location. A maximum of ten

week’s tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

The records are retained in the FCC

and then destroyed according to the

appropriate records schedule.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Consumer Information Network

Division, Consumer Information Bureau,

Federal Communications Commission

(FCC), 1270 Fairfield Road, Gettysburg,

Pennsylvania 17325, and 445 12th

Street, SW., Room 5–C345, Washington,

DC.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager. An individual requesting

access must follow FCC Privacy Act

regulations regarding verification of

identity and amendment of records. See

47 CFR 0.556–0.557.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager. Individuals requesting access

must also follow FCC Privacy Act

regulations regarding verification of

identity and access to records. See 47

CFR 0.554–0.555.

RECORD SOURCE CATEGORIES:

The individual to whom the

information applies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/EB–1

SYSTEM NAME:

Violators File (records kept on

individuals who have been subjects of

FCC field enforcement actions).

SYSTEM LOCATION:

Primary: Enforcement Bureau, Room

7–C732, Federal Communications

Commission (FCC), 445 12th Street,

SW., Washington, DC 20554.

Secondary: Various field facilities

(See FCC telephone directory for field

office addresses, or locate local office in

commercial telephone directory under

‘‘U.S. Government.’’).

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

1. Individuals who have been subjects

of FCC field enforcement actions

(monitoring, inspection, and/or

investigation) for violations of radio

law, FCC Rules and Regulations, or

International Treaties.

2. Licensees, applicants, and

unlicensed persons under parts 80, 87,

90, 94, 95, and 97 of the rules about

whom there are questions of compliance

with the Commission’s rules or the

Communications Act of 1934, as

amended.

CATEGORIES OF RECORDS IN THE SYSTEM:

Inspection reports, complaints,

monitoring reports, investigative cases,

referral memos, correspondence,

discrepancy notifications, warning

notices and forfeiture actions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

47 U.S.C. 101, 102, 104, 301, 303,

309(e), 312, 315, 318, 362, 364, 386, 401,

404, 501, 502, 503, 507, and 510.

PURPOSE(S):

1. For use in connection with the

Commission’s field enforcement

programs to determine levels of

compliance among radio users; to issue

marine certificates of compliance; to

document Commission monitoring

inspections and investigations for

enforcement purposes; to provide a

basis for various administrative, civil, or

criminal sanction actions taken against

violators by the EB or other appropriate

Commission bureaus or offices.

2. Limited information elements are

transferred to the Commission’s central

computer facility and to EB field

facilities to maintain a cross-reference,

which prevents duplication of

enforcement actions, and to track the

progress of enforcement cases. Copies of

Commission sanction actions are

available for public inspection.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. If the records indicate a possible

violation of law, they may be referred,

as a routine use, to the appropriate

agency charged with the responsibility

of investigating or prosecuting such

violation or charged with enforcing the

applicable statutes or rules.

2. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation or order.

3. A record from this system may be

disclosed to request information from a

Federal, state, or local agency

maintaining civil, criminal, or other

relevant enforcement information or

other pertinent information, such as

licenses, if necessary to obtain

information relevant to a Commission

decision concerning the hiring or

retention of an employee, the issuance

of a security clearance, the letting of a

contract, or the issuance of a license,

grant or other benefit.

4. A record from this system may be

disclosed to a Federal state, or local

agency maintaining civil, criminal, or

other relevant enforcement information

or other pertinent information, such as

licenses, if necessary to obtain

information relevant to a Commission

decision concerning the hiring or

retention of an employee, the issuance

of a security clearance, the reporting of

an investigation of an employee, the

letting of a contract, or the issuance of

a license, grant, or other benefit.

5. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

6. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

7. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

8. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

litigation.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63483

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Information is stored in file folders, a

computer database, and computer

printout.

RETRIEVABILITY:

All records are retrievable by name or

by FCC-issued call sign.

SAFEGUARDS:

Paper records are kept in file cabinets

in offices that are secured at the end of

each business day. Access to

information in the computer database is

restricted by use of passwords and

location of terminals in rooms which are

designated non-public areas. The rooms

are secured outside of business hours.

Data resident on network servers are

backed-up daily to magnetic media. One

week’s worth of back-up tapes is stored

on-site in fireproof saves. Each week,

the previous week’s backup tapes are

sent to an off-site storage location. A

maximum of ten week’s tapes are kept

and cycled in this fashion.

RETENTION AND DISPOSAL:

The documentation portions of these

records are retained for three years after

the case is closed, and then destroyed.

All violation notices are maintained for

a period of four years, then destroyed.

(Classified material is destroyed by

burning or shredding.)

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Enforcement Bureau, Room 7–

C732, Federal Communications

Commission (FCC), 445 12th Street,

SW., Washington, DC 20554.

NOTIFICATION, RECORD ACCESS AND CONTESTING

PROCEDURES:

This system is exempt from the

requirement that the agency publish the

procedures for notifying an individual,

at his or her request, if the system

contains a record pertaining to him/her,

for gaining access to such record, and

for contesting the contents of the record.

RECORD SOURCE CATEGORIES:

This system is exempt from the

requirement that the agency publish the

categories of sources of records in this

system.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

This system of records is exempt from

subsections (c)(3), (d), (e)(1), (e)(4), (G),

(H), (I), and (f) of the Privacy Act and

from §§ 0.544–0.567 of FCC rules. Those

provisions concern the notification,

access, and contesting procedures

described above as well as the

publication of record sources. The

system is exempt from these provisions

because it is maintained in connection

with the provision of protective services

to certain individuals as defined in

section (k)(3) of the Privacy Act and for

law enforcement purposes as defined in

section (k)(2) of the Privacy Act.

FCC/EB–2

SYSTEM NAME:

State and Operational Areas

Emergency Commission Committee

Membership.

SYSTEM LOCATION:

Enforcement Bureau, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 7–C732,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Chairman and Vice Chairman of State

and Operational Area Emergency

Communications Committees.

CATEGORIES OF RECORDS IN THE SYSTEM:

Information showing individual

name, business address, business

telephone number, and title.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Federal Advisory Committee Act, 5

U.S.C. appendix 2.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

(1) Records in this system are used to

forward the appropriate information to

State Committee members, each

broadcast station in the State, and to

Federal, State, and local government

officials for Emergency Communications

planning. All information in this system

will be available for public inspection.

In each case, the FCC will determine

whether disclosure of the records is

compatible with the purpose for which

the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

File folders.

RETRIEVABILITY:

Records are filed by state and by name

of committee member within the state.

SAFEGUARDS:

Records are maintained in file

cabinets which are locked at the end of

each business day.

RETENTION AND DISPOSAL:

Records are retained indefinitely

while the individual is a member of the

committee; when member resigns,

individual file materials are destroyed.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Enforcement Bureau, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 7–C732,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager. Name of the state must be

provided with any request for

information.

RECORD ACCESS PROCEDURE:

Same as above.

CONTESTING RECORD PROCEDURES:

Same as above.

RECORD SOURCE CATEGORIES:

Committee member.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OET–1

SYSTEM NAME:

Experimental Radio Station License

Files.

SYSTEM LOCATION:

Office of Engineering and Technology,

Federal Communications Commission

(FCC), 445 12th Street, SW., Room 7–

A303, NW., Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Those who have been granted a

license to operate an experimental radio

station under part 5 of the Commission’s

rules.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. This system includes the following

FCC Forms, any supporting exhibits

submitted by the applicant(s), and

related documentation:

(a) FCC Form 422, Application for a

New or Modified Station;

(b) FCC Form 405, Application for

Renewal of Station License;

(c) FCC Form 702, Application for

Consent to Assignment of Radio Station

Construction Authorization or License;

(d) FCC Form 703, Application for

Consent to Transfer Control of

Corporation Holding Station License;

and

(e) Any supporting exhibits submitted

by the applicant(s).

2. This system of records may include

experimental project reports submitted

by the applicant as required by FCC

rules, part 5.

3. The system also includes comments

from other Commission bureaus on

interference potential of operation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

47 U.S.C. 308; 47 CFR part 5.

63484 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

PURPOSE(S):

To make a determination of

applicant’s eligibility to operate a

station in the experimental radio

service; to determine interference

potential to other radio services within

the Commission, to determine if the

project of experimentation is valid, as

well as possible use in rulemakings.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Information from this system may

be disclosed to other FCC bureaus,

Federal agencies, or to the public, in

response to a request, in connection

with new experimentation being

conducted and the impact that this

experimentation may have on the

public. The information may not be

disclosed if it is not routinely available

for public inspection under § 0.457 of

the Commission’s rules, 47 CFR 0.459,

or a request that the information be

given confidential treatment is granted

under § 0.459 of the Commission’s rules,

47 CFR 0.459.

In each case the FCC will determine

whether disclosure of the records is

compatible with the purpose for which

the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records in file folders,

electronically scanned images of paper

records, electronic records of data

elements of both paper-file and

electronically filed applications, and

electronic copies of licenses granted

after November 16, 1998.

RETRIEVABILITY:

1. Paper files are retrieved by license

name. If there are more than one station

per licensee, then the files may also be

retrieved by call sign.

2. Scanned images, electronic records

of data elements and electronic copies

of licenses may be retrieved from the

OET Experimental Licensing Branch

Reports World Wide Web site, accessed

from the main FCC Web page: http://

www.fcc.gov, by clicking the link

labeled ‘‘Electronic Filing,’’ and then

clicking the link labeled ‘‘OET

Experimental Licensing Branch

Reports.’’

SAFEGUARDS:

All files are available to the public

except classified files and files that have

been granted confidentiality under 47

CFR 0.457 of the Commission rules.

Classified files are kept in locked

cabinets in accordance with security

regulations. Files which have been

granted confidentiality under 47 CFR

0.457 are marked ‘‘NOT FOR PUBLIC

INSPECTION’’ and may only be

accessed by Commission employees

who have a need to know the

information. Files which have been

granted confidentiality under 47 CFR

0.457 are not accessible over the

Internet. Data resident on network

servers are backed-up daily to magnetic

media. One week’s worth of back-up

tapes is stored on-site in fireproof saves.

Each week, the previous week’s backup

tapes are sent to an off-site storage

location. A maximum of ten week’s

tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

Records are maintained in the office.

They are destroyed two years after

expiration of the license.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Experimental Licensing

Branch, Office of Engineering and

Technology, Federal Communications

Commission, 445 12th Street, SW.,

Room 7–A267, Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORDS ACCESS PROCEDURES:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

The majority of information in these

records comes from the individual.

Other information comes from

coordination with other FCC bureaus

and from that which is generated with

the Spectrum Coordination Branch

during the normal processing of the

application.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OGC–2

SYSTEM NAME:

Attorney Misconduct Files.

SYSTEM LOCATION:

Office of General Counsel, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 8–C743,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Any attorney who appears in a

representative capacity before the FCC

and who is charged with attorney

misconduct.

CATEGORIES OF RECORDS IN THE SYSTEM:

The records in this system of records

include correspondence, briefs, related

FCC agenda items, bar association

recommendations, investigative

findings, complaints of attorney

misconduct, memoranda, and pleadings.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 500(d).

PURPOSE(S):

Record information is used by staff

attorneys to prosecute a case for

attorney misconduct before FCC

administrative law judges or before the

Commission.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system of records may

be referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation or order.

In each case the FCC will determine

whether disclosure of the records is

compatible with the purpose for which

the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The information is stored in file

folders.

RETRIEVABILITY:

Records are retrieved by the name of

the attorney charged with misconduct.

SAFEGUARDS:

Records are kept in file cabinets in

offices that are secured at the end of

each business day. Since only one or

two staff persons routinely access this

record system, unauthorized

examination during business hours

would be easily detected.

RETENTION AND DISPOSAL:

Destroyed five years after case

closure.

SYSTEM MANAGER(S) AND ADDRESS:

General Counsel, Office of General

Counsel, Federal Communications

Commission (FCC), 445 12th Street,

SW., Room 8–C743, Washington, DC

20554.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63485

NOTIFICATION, RECORD ACCESS AND CONTESTING

RECORD PROCEDURES:

This system is exempt from the

requirement that the agency publish the

procedures for notifying an individual,

at his or her request, if the system

contains a record pertaining to him/her,

for gaining access to such record, and

for contesting the contents of the record.

RECORD SOURCE CATEGORIES:

This system is exempt from the

requirement that the agency publish the

categories of sources of records in this

system.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

This system of records is exempt from

Subsections (c)(3), (d), (e)(1), (e)(4)(G),

(H), and (I) and (f) of the Privacy Act of

1974, 5 U.S.C. 552a, and from §§ 0.554–

0.557 and 0.559 of the Commission’s

rules. These provisions concern

notification, record access, and

contesting procedures, as well as

publication of record sources. The

system is exempt from these provisions

because it is maintained for law

enforcement purposes pursuant to

subsection (k)(2) of the Act.

FCC/OGC–3

SYSTEM NAME:

Employee Complaint Adjudication.

SYSTEM LOCATION:

Office of General Counsel, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 8–C743,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Any Commission employee who is

the subject of a complaint investigation

involving internal personnel actions or

activities, i.e., discrimination, grievance,

political activity, separation, or adverse

action.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system of records

involve internal personnel disputes that

have reached the hearing stage, and may

include correspondence, memoranda,

transcripts of hearings, briefs, pleadings,

investigative reports, decisions of

hearing examiners, and Commissioners.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301.

PURPOSE(S):

1. These records are used by staff

attorneys in the General Counsel’s office

in settlement negotiations with

opposing parties; records are also used

in preparation for hearings before an

administrative body or a court of

appropriate jurisdiction.

2. A record on an individual in a

system of records may be disclosed

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court of adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or when represented by

the government, an employee of the FCC

is a party to litigation or anticipated

litigation or has an interest in such

litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

2. A record from this system of

records which concerns information on

pay and leave, benefits, retirement

deductions, and any other pertinent

information may be disclosed to the

Office of Personnel Management in

order for it to carry out its legally

authorized Government-wide functions

and duties.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The information is stored in file

folders.

RETRIEVABILITY:

Records are retrieved by the name of

the subject individual in the

investigation.

SAFEGUARDS:

Records are maintained in file

cabinets in an office that is secured at

the end of each business day. Since only

one or two staff persons routinely access

this record system, unauthorized

examination during business hours

would be easily detected.

RETENTION AND DISPOSAL:

Destroyed five years after case

closure.

SYSTEM MANAGER(S) AND ADDRESS:

General Counsel, Office of General

Counsel, Federal Communications

Commission, 445 12th Street, SW.,

Room 8–C743, Washington, DC 20554.

NOTIFICATION PROCESS:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURE:

Same as above.

CONTESTING RECORD PROCEDURE:

Same as above.

RECORD SOURCE CATEGORIES:

Co-workers of subject individual,

other supervisors, classification experts,

other persons involved in the case.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OGC–5

SYSTEM NAME:

Parties with Pending Civil Cases that

Affect the Commission before any

District Court; before any Court of

Appeals; and before the Supreme Court.

SYSTEM LOCATION:

Office of General Counsel, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 8–C743,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Any individual who has a

miscellaneous case involving the

Commission before any District Court;

before any Court of Appeals; and before

the Supreme Court.

CATEGORIES OF RECORDS IN THE SYSTEM:

Letters, memoranda, pleadings, briefs,

and bankruptcy papers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

47 U.S.C. 402.

PURPOSE(S):

Information in this system of records

is used by Commission attorneys to

update information or furnish

additional data for the Government

agency handling the case. The records

contained in this system are available

for public inspection to the extent that

they do not contain information usually

exempt from mandatory disclosure

under Exemption 5 of the FOIA, 5

U.S.C. 552(b)(5).

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

2. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

63486 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

3. A record in this system of records

which concerns information on pay and

leave, benefits, retirement deductions,

and any other pertinent information

may be disclosed to the Office of

Personnel Management in order for it to

carry out its legally authorized

Government-wide functions and duties.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Data are stored in file folders.

RETRIEVABILITY:

Records are retrieved by the name of

the individual filing the claim.

SAFEGUARDS:

Records are maintained in file

cabinets in an office that is secured at

the end of each business day.

RETENTION AND DISPOSAL:

The records are destroyed when no

longer needed or after five years,

whichever occurs first.

SYSTEM MANAGER(S) AND ADDRESS:

General Counsel, Office of General

Counsel, Federal Communications

Commission (FCC), 445 12th Street,

SW., Room 8–C743, Washington, DC

20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURE:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURES:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Justice Department: U.S. Attorneys;

other Federal agencies: U.S. District

Courts; and parties to the proceedings.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OGC–6

SYSTEM NAME:

Private or Civil Injury Claimants.

SYSTEM LOCATION:

Office of General Counsel, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 8–C743,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Any individual who files a damage

claim against the Commission or

commits a tort against a Commission

employee.

CATEGORIES OF RECORDS IN THE SYSTEM:

Information in this system of records

includes accident reports, tort claim

vouchers, correspondence, memoranda,

medical and payment receipts, repair

and payment receipts, and pictures.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Federal Tort Claims Act, 28 U.S.C.

2672.

PURPOSE(S):

Record information is used by

attorneys in the Office of General

Counsel to determine whether a damage

claim filed against the Commission

should be paid and for reference

purposes when similar cases arise. If it

is determined that the claim should not

be paid or if the Commission cannot

make the final determination whether or

not to pay a claim, the record is

routinely transferred to the appropriate

agency charged with the responsibility

of disposition. The records contained in

this system are available for public

inspection to the extent that they do not

contain information usually exempt

from mandatory disclosure under

Exemption 5 of the FOIA, 5 U.S.C.

552(b)(5).

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

2. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, or, when an employee of

the Commission is a party to litigation

or anticipated litigation or has an

interest in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

In each of these cases, the FCC will

determine whether the disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

File folders.

RETRIEVABILITY:

Records are retrieved by the name of

the individual who filed the claim.

SAFEGUARDS:

Records are kept in a file cabinet in

an office that is locked at the end of

each business day. Since only one or

two office persons routinely access this

system, unauthorized examination

during business hours would be easily

detected.

RETENTION AND DISPOSAL:

Records are destroyed five years after

case closure.

SYSTEM MANAGER(S) AND ADDRESS:

General Counsel, Office of General

Counsel, Federal Communications

Commission, 445 12th Street, SW.,

Room 8–C743, Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURE:

Same as above.

CONTESTING RECORD PROCEDURES:

Same as above.

RECORD SOURCE CATEGORIES:

Witnesses: Office of General Counsel;

Office of Managing Director: claimants;

and employees.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

The records contained in this system

are available for public inspection to the

extent that they do not contain

information usually exempt from

mandatory disclosure under Exemption

5 of the FOIA, 5 U.S.C. 552(b)(5).

FCC/OIG–1

SYSTEM NAME:

Criminal Investigative Files.

SECURITY CLASSIFICATION:

Not applicable.

SYSTEM LOCATION:

Office of Inspector General (OIG),

Federal Communications Commission

(FCC), 445 12th Street, SW., Room 2–

C762, Washington, DC 20554.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63487

CATEGORIES OF INDIVIDUALS COVERED BY THIS

SYSTEM:

This system of records is limited to

records on individuals, including

present and former FCC employees, who

are or have been the subjects of

investigations conducted by the OIG in

accordance with the Inspector General’s

(IG) authority derived from the

Inspector General Act of 1978, as

amended, 5 U.S.C. appendix 3. These

investigations arise within the context

of alleged violations of criminal laws

which proscribe fraud, waste, and abuse

in the execution of the Commission’s

programs and operations.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. Case files developed during

investigations of known or alleged

fraud, waste, and abuse, or other

irregularities or violations of criminal

laws and regulations;

2. Case files related to programs and

operations administered or financed by

the FCC, including contractors and

others doing business with the FCC;

3. Investigative files relating to FCC

employees’ hotline complaints and

other miscellaneous complaint files; and

4. Investigative reports and related

documents, such as correspondence,

notes, attachments, and working papers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Inspector General Act of 1978, as

amended by Pub. L. 100–504, October

18, 1988.

PURPOSE(S):

This action is required in order to

reflect the creation of the OIG in March

1989, and its statutory authorization to

perform investigations, see 54 FR 15194,

April 17, 1989. This system consists of

the OIG’s Investigative Files compiled

for criminal investigation purposes:

1. For the purpose of preventing or

detecting fraud, waste, or abuse;

2. Conducting and supervising audits

and investigations relating to programs

and operations in the Commission; and

3. Informing the Chairman about

problems and deficiencies in the

Commission’s programs and operations

or suggesting corrective action in

reference to identified irregularities,

problems, or deficiencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Records maintained by the OIG to

carry out its functions may be disclosed,

as routine use, as follows:

1. Where there is an indication of

violation or potential violation of

statute, regulation, rule or order, records

from this system may be referred to the

appropriate Federal, foreign, state or

local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation, or order.

2. To any source, either private or

government, to the extent necessary to

secure from such source information

relevant to and sought in furtherance of

an investigation or audit to be

conducted by the OIG.

3. To private contractors for the

purpose of collating, analyzing,

aggregating, or otherwise refining

records pertaining to an OIG

investigation or audit. Disclosure will

also be made to independent auditors

who by contract carry out audits on

behalf of the OIG. Such contractors will

be required to maintain Privacy Act

safeguards with respect to such records.

4. To the U.S. Department of Justice

in order to obtain that department’s

advice regarding disclosure obligations

under the Freedom of Information Act

within the context of investigations and

audits conducted by the OIG.

5. To the Office of Management and

Budget in order to obtain that office’s

advice regarding obligations under the

Privacy Act within the context of

investigations and audits conducted by

the OIG.

6. To the Department of Justice or the

Office of General Counsel of the

Commission or independent counsel

retained by OIG when the defendant in

litigation is:

(a) Any component of the

Commission or any employee of the

Commission in his or her official

capacity;

(b) The United States where the

Commission determines that the claim,

if successful, is likely to directly affect

the operations of the Commission;

(c) Any Commission employee in his

or her individual capacity where the

Department of Justice and/or the Office

of the General Counsel of the

Commission agree to represent such

employee.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records are collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The OIG Investigative Files consist

either of paper records maintained in

file folders or an automated database

maintained on computer diskettes or on

a computer network. All records are

stored under secure conditions.

RETRIEVABILITY:

Records are filed alphabetically by

name of the subject of the investigation

or by a unique file number assigned to

each investigation.

SAFEGUARDS:

Paper and diskette records are kept in

locked file cabinets in offices that are

further secured at the end of each

business day. Limited access of these

records is permitted by those persons

whose official duties require such

access, thus unauthorized examination

during business hours would be easily

detected. Data resident on network

servers are backed-up daily to magnetic

media. One week’s worth of back-up

tapes is stored on-site in fireproof safes.

Each week, the previous week’s backup

tapes are sent to an off-site storage

location. A maximum of ten week’s

tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

The Investigative Files are kept by the

specified periods of five to ten years

from the date the files are closed, in

accordance with the National Archives

and Records Schedule 22. Disposition of

records shall be in accordance with FCC

Records Maintenance and Disposition

System.

SYSTEM MANAGER(S) AND ADDRESS:

Inspector General, Office of Inspector

General, Federal Communications

Commission (FCC), 445 12th Street,

SW., Room 2–C762, Washington, DC

20554.

NOTIFICATION, RECORD ACCESS AND CONTESTING

PROCEDURES:

Pursuant to section (j)(2) of the

Privacy Act, the publication of

notification, access and contesting

procedures for records contained in this

system is not necessary. Under certain

circumstances, however, a

determination as to the availability of

these procedures shall be made at the

time a request for notification, access, or

contesting is received. Such inquiries

should be addressed to the System

Manager at the above address. Written

requests should be clearly marked,

‘‘Privacy Act Request’’ on the envelope

and letter, and include the full name of

the individual, some type of appropriate

personal identification, and the current

address.

RECORD ACCESS PROCEDURES:

See statement in the notification

procedures section above.

CONTESTING RECORD PROCEDURES:

See statement in the notification

procedures section above.

RECORD SOURCE CATEGORIES:

Pursuant to section (j)(2) of the

Privacy Act, 5 U.S.C. 552a(j)(2), the

63488 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

Commission is not required to publish

the categories of the sources from which

records contained in this system are

obtained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Pursuant to section (j)(2) of the

Privacy Act, 5 U.S.C. 552a(j)(2), this

system is exempt from all of the

provisions of the Privacy Act except

subsections (b), (c)(1) and (c)(2),

(e)(4)(A) through (F), (e)(6), (e)(7), (e)(9),

(e)(10) (e)(11) and (i). The Commission’s

rules implementing the Privacy Act will

state that this system of records is

exempt from the Privacy Act provisions

referred to in this paragraph. See 47 CFR

0.561.

FCC/OIG–2

SYSTEM NAME:

General Investigative Files.

SECURITY CLASSIFICATION:

Not applicable.

SYSTEM LOCATION:

Office of Inspector General (OIG),

Federal Communications Commission

(FCC), 445 12th Street, SW., Room 2–

C762, Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THIS

SYSTEM:

This system of records contains

records on individuals, including

present and former FCC employees, who

are or have been the subjects of general

investigations conducted by the OIG

relating to allegations raised pertaining

to fraud, waste, and abuse with respect

to programs and operations of the

Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:

Case files developed during

investigations of known or alleged

fraud, waste, and abuse, or other

irregularities or violations of laws and

regulations. Case files related to

programs and operations administered

or financed by the FCC, including

contractors and others doing business

with the FCC. Investigative files relating

to FCC employee’s hotline complaints,

and other miscellaneous complaint files.

Investigative reports and related

documents, such as correspondence,

notes, attachments, and working papers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Inspector General Act of 1978, as

amended by Pub. L. 100–504, October

18, 1988.

PURPOSE(S):

For the purpose of preventing or

detecting waste, fraud, or abuse,

conducting and supervising audits and

investigations relating to programs and

operations, informing the Chairman

about problems and deficiencies in the

Commission’s programs and operations

or suggesting corrective action in

reference to identified irregularities,

problems or deficiencies, the

Commission’s Inspector General is

establishing this system of records. This

action is required in order to reflect the

creation of the OIG in March 1989, and

its statutory authorization to perform

investigations, see 54 FR 15194, April

17, 1989. This system consists of the

OIG’s Investigative Files compiled for

law enforcement purposes.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Records maintained by the OIG to

carry out its functions may be disclosed,

as routine uses, as follows:

1. Where there is an indication of

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

foreign, state or local agency responsible

for investigating or prosecuting a

violation or for enforcing or

implementing the statute, rule,

regulation or order.

2. To any source, either private or

governmental, to the extent necessary to

secure from such source information

relevant to and sought in furtherance of

an investigation or audit to be

conducted by the OIG.

3. To private contractors for the

purpose of collating, analyzing,

aggregating, or otherwise refining

records pertaining to an OIG

investigation or audit. Disclosure will

also be made to independent auditors

who by contract carry out audits on

behalf of the OIG. Such contractors will

be required to maintain Privacy Act

safeguards with respect to such records.

4. To the Department of Justice in

order to obtain that department’s advice

regarding disclosure obligations under

the Freedom of Information Act within

the context of investigations and audits

conducted by the OIG.

5. To the Office of Management and

Budget in order to obtain that office’s

advice regarding obligations under the

Privacy Act within the context of

investigations and audits conducted by

the OIG.

6. To the Department of Justice or the

Office of General Counsel of the

Commission or independent counsel

retained by OIG when the defendant in

litigation is:

(a) Any component of the

Commission or any employee of the

Commission in his or her official

capacity;

(b) The United States where the

Commission determines that the claim,

if successful, is likely to directly affect

the operations of the Commission;

(c) Any Commission employee in his

or her individual capacity where the

Department of Justice and/or the Office

of the General Counsel of the

Commission agree to represent such

employee.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were recorded.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The OIG Investigative Files consist

either of paper records maintained in

file folders or an automated database

maintained on computer diskettes or on

a computer network. All records are

stored under secure conditions.

RETRIEVABILITY:

Records are filed alphabetically by

name of subject of the investigation or

by a unique file number assigned to

each investigation.

SAFEGUARDS:

Paper and diskette records are kept in

locked file cabinets in offices that are

further secured at the end of each

business day. Limited access of these

records is permitted by those persons

whose official duties require such

access, thus unauthorized examination

during business hours would be easily

detected. Data resident on network

servers are backed-up daily to magnetic

media. One week’s worth of back-up

tapes is stored on-site in fireproof safes.

Each week, the previous week’s backup

tapes are sent to an off-site storage

location. A maximum of ten week’s

tapes are kept and cycled in this

fashion.

RETENTION AND DISPOSAL:

The Investigative Files are kept by the

specified periods of 5 to 10 years from

the date the files are closed, in

accordance with the National Archives

and Records Schedule 22. Disposition of

records shall be in accordance with FCC

Records Maintenance and Disposition

System.

SYSTEM MANAGER(S) AND ADDRESS:

Inspector General, Office of Inspector

General, Federal Communications

Commission, 445 12th Street, SW.,

Room 2–C762, Washington, DC.

NOTIFICATION, RECORD ACCESS AND CONTESTING

RECORD PROCEDURES:

Pursuant to section (k)(2) of the

Privacy Act the publication of

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63489

notification, access and contesting

procedures for records contained in this

system is not necessary. Under certain

circumstances, however, a

determination as to the availability of

these procedures shall be made at the

time a request for notification, access, or

contesting is received. Such inquiries

should be addressed to the System

Manager at the above address. Written

requests should be clearly marked,

‘‘Privacy Act Request’’ on the envelope

and letter. Include full name of the

individual, some type of appropriate

personal identification, and current

address.

RECORD SOURCE CATEGORIES:

Pursuant to section (k)(2) of the

Privacy Act, 5 U.S.C. 552a(k)(2), the

Commission is not required to publish

the categories of the sources from which

records contained in this system are

obtained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Pursuant to section (k)(2) of the

Privacy Act, 5 U.S.C. 552a(k)(2), this

system is exempt from all of the

provisions of the Privacy Act: (c)(3), (d),

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f).

The Commission’s rules implementing

the Privacy Act will state that this

system of records is exempt from the

Privacy Act provisions referred to in

this paragraph. See 47 CFR 0.561.

FCC/OMD–2

SYSTEM NAME:

Labor and Employee Relations Case

Files.

SYSTEM LOCATION:

Labor Relations and Workforce

Effectiveness Service Center, Office of

Associate Managing Director-Human

Resources Management, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–B104,

Washington, DC. 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Current and former FCC employees.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. This system contains a variety of

records relating to formal and informal

actions based on conduct or

performance and also includes the files

dealing with: Grievances filed under the

negotiated or administrative grievance

procedures, Requests for

reconsideration, Arbitrations, Appeals,

and Miscellaneous inquiries and

complaints.

2. The records may include

information such as case number,

employee name, Social Security

Number, grade, job title, and

employment history.

3. The records may also include

copies of notices of proposed actions;

materials relied on by the agency to

support the proposed action; statements

of witnesses; employee responses or

appeals; transcripts; and agency

decisions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 33, 35, 43, 61, 63, 71, 73, 75,

and 77; 5 CFR parts 315, 359, 432, 531,

532, 610, 630, 715, 733, 735, 752, and

771.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USE:

1. A record from this system of

records may be disclosed to FCC

officials when such officials have a

‘‘need to know’’ in carrying out their

officials duties.

2. A record from this system may be

disclosed to officials of labor

organizations recognized under 5 U.S.C.

chapter 71 when relevant and necessary

to their duties of exclusive

representation concerning personnel

policies, practices, and matters affecting

working conditions.

3. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation or order.

4. A record from this system may be

disclosed to those sources from which

additional information is requested in

order to process personnel actions, to

the extent necessary to identify the

individual, inform the source or the

purpose(s) of the request, and to identify

the type of information requested.

5. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the conducting of a security

or suitability investigation of an

individual, or the classifying of jobs, to

the extent that the information is

relevant and necessary to the requesting

agency’s decision on the hiring or

retention of an employee or the issuance

of a security clearance.

6. A record from this system may be

disclosed to a Congressional office in

response to an inquiry the individual

has made to the Congressional office.

7. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

8. A record from this system may be

disclosed in response to a request for

discovery or for appearance of a witness

or when the information is relevant to

a subject matter involved in a pending

judicial or administrative proceeding.

9. A record from this system may be

disclosed to officials of the Merit

Systems Protection Board, including the

Office of the Special Counsel, when

requested in connection with appeals,

special studies of the civil service and

other merit systems, review of OPM

rules and regulations, investigations of

alleged or possible prohibited personnel

practices, and such other functions; e.g.,

as promulgated in 5 U.S.C. 1205–1206,

or as may be authorized by law.

10. A record from this system may be

disclosed to the Equal Employment

Opportunity Commission when

requested in connection with

investigations into alleged or possible

discrimination practices in the Federal

sector, examination of Federal

affirmative employment programs,

compliance by Federal agencies with

applicable laws and regulations, or

other functions vested in the

Commission by applicable law.

11. A record from this system may be

disclosed to the Federal Labor Relations

Authority or its General Counsel when

requested in connection with

investigations of allegations of unfair

labor practices or matters before the

Federal Service Impasses Panel.

12. A record from this system may be

disclosed to other Federal agencies

needed for the performance of their

official duties related to reconciling or

reconstructing data files, in relating to

personnel actions.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

These records are maintained in file

folders.

RETRIEVABILITY:

These records are retrieved

preliminarily by case number. An

examination of case logs will disclose

the name of an employee associated

with a case number.

SAFEGUARDS:

These records are maintained in

secured metal filing cabinets to which

only authorized personnel have access.

63490 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

RETENTION AND DISPOSAL:

1. Records pertaining to the following

matters are disposed of at the end of the

first fiscal year following completion of

the fiscal year in which the action was

taken: Informal actions based on

conduct or performance; Oral

admonishments confirmed in writing;

and Written reprimands.

2. Records pertaining to the following

matters are disposed of at the end of the

third fiscal year following completing of

the fiscal year in which the action was

taken: Grievances processed under the

negotiated or administrative grievance

procedures; Appeals; Request for

restoration of annual leave; and

Requests for admission to the agency’s

leave transfer program.

3. Records pertaining to the following

matters are disposed of at the end of the

fourth fiscal year following completion

of the fiscal year in which the action

was taken: Within-grade increase

denials/postponements; Suspensions,

removals, and furloughs taken under

authority of 5 U.S.C. chapters 35 and 75;

and Requests for reconsideration/

review.

4. Records pertaining to the following

matters are disposed of at the end of the

fifth fiscal year following completion of

the fiscal year in which the action was

taken: Removals, demotions, and

reassignments based on unacceptable

performance; Arbitrations; and Unfair

labor practices.

Disposal is by shredding or burning.

SYSTEM MANAGER(S) AND ADDRESS:

Managing Director, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–B104,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Individuals subject to an action

governed by this system of records will

be provided access to the record upon

request, subject to applicable law and

regulation. Individuals should contact

the System Manager for access. They

must furnish the following information

in writing for their records to be located

and identified: Name, Date of birth,

Approximate opening and closing dates

of the case and the kind of action

involved, and Organizational

component involved.

RECORD ACCESS PROCEDURES:

Same as notification procedure.

CONTESTING RECORD PROCEDURES:

Individuals wishing to request

amendment of their records to correct

factual errors should contact the System

Manager in writing. The following

information must be provided: Name,

Date of birth, Approximate opening and

closing date of the case and the kind of

action involved, and Organizational

component involved.

RECORD SOURCE CATEGORIES:

Information in this system of records

is provided by:

Individual on whom the record is

maintained, Testimony of witnesses,

Supervisors and managers, Union

officials, and Arbitrators and other

third-parties, such as the Department of

Labor, Federal Labor Relations

Authority, and Merit System Protection

Board.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OMD–3

SYSTEM NAME:

Federal Advisory Committee

Membership File (FACA).

SYSTEM LOCATION:

Associate Managing Director-PERM,

Office of Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–A836,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THIS

SYSTEM:

Members of Federal advisory

committees sponsored or co-sponsored

by the FCC.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. Current information regarding

individual advisory committee

members’ names, business addresses,

business telephone numbers, and

occupations or titles is kept with the

members’ respective advisory

committee.

2. Copies or original financial

disclosure forms, whenever they are

necessary to be filed by committee

members, are kept by the members’

respective advisory committees.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Pub. L. 92–463, Federal Advisory

Committee Act.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. A record in this system may be

used to distribute information to

members of each committee for

purposes of conducting meetings and

general committee business.

2. A record in this system may be

used to provide information to the

public upon request, in both hardcopy

and in electronic form.

3. A record in this system may be

disclosed to furnish information to the

General Services Administration (GSA),

and if necessary, to the Office of

Management and Budget (OMB), for use

in compiling an annual report.

4. A record in this system may be

disclosed to furnish information to

Congress in response to periodic

Congressional inquiries.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on 81⁄2 x 11

and 81⁄2 x 5 papers in file folders; on

computer diskettes, or in the computer

database system. Storage is in the Office

of the Managing Director at the FCC.

Specific information on Advisory

Committees is generally stored with the

individual Advisory Committee Official,

while more general information about

the committees is stored in the Office of

the Managing Director.

RETRIEVABILITY:

Records are grouped by name of

committee and filed and retrieved

thereunder by name of committee

member.

SAFEGUARDS:

Paper records are maintained in file

cabinets in offices that are locked at the

end of each business day, on computer

diskettes, or on the computer hard

drive.

RETENTION AND DISPOSAL:

Records are generally retained until

the Committee is terminated, and then

transferred to the Federal Records

Center. In certain instances, when space

is not available, records may be

transferred to the Federal Records

Center prior to when the Committee is

terminated.

SYSTEM MANAGER(S) AND ADDRESS:

Managing Director, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–C144,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager. The name of advisory

committee should be included in the

inquiry.

RECORD ACCESS PROCEDURES:

Same as in notification procedures.

CONTESTING RECORD PROCEDURES:

Same as in notification procedure.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63491

RECORD SOURCE CATEGORIES:

Committee members.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OMD–4

SYSTEM NAME:

Security Office Control Files.

SYSTEM LOCATION:

Security Operations Center, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–B458,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Current and former FCC employees

and contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system contain the

following information: Individual’s last,

first, and middle names (filed

alphabetically by last name), Social

Security Number, Date of birth, Place of

birth, Classification as to position

sensitivity, Types and dates of

investigations, Investigative reports, and

Dates and levels of clearance.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Executive Orders 10450 and 12968.

PURPOSE(S):

These records are used by FCC

Security Officer and the Personnel

Security Specialist of the Security Office

for reference in connection with the

control of position sensitivity and

security clearances.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. For disclosure to a Federal agency

or the District of Columbia Government,

in response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the conducting of a security

or suitability investigation of an

individual, the classifying of jobs, the

letting of a contract, or the issuance 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 decision on the

firing or retention of an employee, the

issuance of a security clearance, the

letting of a contract, or the issuance of

a license, grant, or other benefit.

2. For disclosure to the security

officer of an agency in the executive,

legislative, or judicial branch, or the

District of Columbia Government, in

response to its request for verification of

security clearances, of FCC employees

to have access to classified data or areas

where their official duties require such

access.

3. Where there is an indication or a

violation or potential violation of a

statute, regulation, rule, order may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation or order.

4. A record from this system may be

disclosure to request information from a

Federal, state, local or agency

maintaining civil, criminal, or other

relevant enforcement information, or

other pertinent information records,

such as licenses, if necessary to obtain

information relevant to a Commission

decision concerning the hiring or

retention of an employee, the issuance

of a security clearance, the letting of a

contract, or the issuance of a grant or

other benefit.

5. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to a

Congressional office.

6. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in the stand

alone computer database.

RETRIEVABILITY:

Records are retrieved by the name and

Social Security Number of the

individuals on whom they are

maintained.

SAFEGUARDS:

The stand alone computer is stored

within a secured area. A back up copy

of these records is made weekly using

3.5 diskettes.

RETENTION AND DISPOSAL:

When an employee/contractor leaves

the agency, the file in the database is

deleted. If there is an investigative file

on an employee/contractor, the file is

kept for five years after the employee/

contractor leaves the agency.

SYSTEM MANAGER(S) AND ADDRESS:

Security Operations Center, Office of

Managing Director, Federal

Communications Commission, 445 12th

Street, SW., Room 1–B458, Washington,

DC 20554.

NOTIFICATION PROCEDURE:

Individuals wishing to inquire

whether this system of records contains

information about them should contact

the system manager indicated above.

Individuals must furnish the following

information for their records to be

located and identified: Full name, Date

of birth, and Social Security Number.

RECORD ACCESS PROCEDURES:

Individuals wishing to request access

to records about them should contact

the system manager indicated above.

Individuals must furnish the following

information for their record to be

located and identified: Full name and

Social Security Number. An individual

requesting access must also follow FCC

Privacy Act regulations regarding

verification of identity and access to

records. See 47 CFR 0.554–0.555.

CONTESTING RECORD PROCEDURES:

1. Individuals wishing to request

amendment of their records should

contact the system manager indicated

above.

2. Individuals must furnish the

following information for their record to

be located and identified: Full name and

Social Security Number.

3. An individual requesting

amendment must also follow the FCC

Privacy Act regulations regarding

verification of identity and amendment

of records, 47 CFR 0.556–0.557.

RECORD SOURCE CATEGORIES:

Records in this system include the

individual to whom the information

applies; investigative files maintained

by the OPM Division of Personnel

Investigations Processing Center; and

employment information maintained by

the Personnel officer of the FCC.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

OMD–6

SYSTEM NAME:

Records of Money Owed, Received,

Refunded, and Returned.

SYSTEM LOCATION:

Financial Operations Center,

Associate Managing Director-Financial

Operations, Office of Managing Director,

Federal Communications Commission

(FCC), 445 12th Street, SW., Room

1–A625, Washington, DC 20554, and

63492 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

Licensing Division, Wireless

Telecommunications Bureau, Federal

Communications Commission (FCC),

1270 Fairfield Road, Gettysburg,

Pennsylvania 17325.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Records in this system include the

following information:

1. Individuals making payments to

cover forfeitures assessed, fees

collected, services rendered, and direct

loans; refunds for incorrect payments or

overpayments (including application

processing fees, travel advances,

advanced sick leave and advanced

annual leave);

2. Billing and collection of bad

checks; and

3. Miscellaneous monies received by

the Commission (including

reimbursement authorized under the

Travel Reimbursement Program).

CATEGORIES OF RECORDS IN THE SYSTEM:

Record categories for this system

include: Names, Social Security

Numbers (SSN), Taxpayer Information

Numbers (TIN), FCC Registration

Numbers (FRN), Telephone numbers,

Addresses of individuals, Records of

services rendered, Loan payment

information, Forfeitures assessed and

collected, Amounts, Dates, Check

numbers, Locations, Bank deposit

information, Transaction type

information, United States Treasury

deposit numbers, Ship name and call

sign, and Information substantiating fees

collected, refunds issued, and interest,

penalties, and administrative charges

assessed to individuals.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Budget and Accounting Act of 1921;

Budget and Accounting Procedures Act

of 1950; Federal Communications

Authorization Act of 1989; and 31

U.S.C. 525.

PURPOSE(S):

The primary uses of the records are:

(a) To account for all monies received

by the FCC from the public and

refunded to the public; (b) To compute

vouchers to determine amounts claimed

and reimbursed; and (c) To account for

all advances given to employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

State, or local agency responsible for

investigating or prosecuting a violation,

or for enforcing or implementing the

statute, rule, regulation or order.

2. A record from this system may be

disclosed to request information from a

Federal, State, or local agency

maintaining civil, criminal, or other

relevant enforcement such as licenses, if

necessary, to obtain information

relevant to a FCC decision concerning

the hiring or retention of an employee,

the issuance of a security clearance, the

letting of a contract, or the issuance of

a license, grant, or other benefit.

3. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant or other benefit.

4. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

5. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

6. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

7. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the Government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) the Commission determines that

the disclosure is relevant or necessary to

the litigation.

8. A record from this system of

records which concerns information on

pay and leave, benefits, retirement

deductions, and any other pertinent

information may be disclosed to the

Office of Personnel Management in

order for it to carry out its legally

authorized Government-wide functions

and duties.

9. Records from this system may be

disclosed to ‘‘consumer reporting

agencies’’ as defined in the Fair Credit

Reporting Act (15 U.S.C. 1681a(f) or the

Federal Claims Collection Act of 1966

(31 U.S.C. 3701(a)(3)).

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper, computer printout, microfilm,

microfiche, magnetic disc, and magnetic

tape.

RETRIEVABILITY:

By name and/or type of transaction;

call sign; processing number, Social

Security number, Taxpayer Information

Number, FCC Registration Number

(FRN), employer identification number,

soundex number, fee control number,

payment ID number, or sequential

number.

SAFEGUARDS:

Records are located in secured metal

file cabinets, metal vaults, and in metal

file cabinets in secured rooms or

secured premises, with access limited to

those individuals whose official duties

required access. Electronic record files

are secured by passwords which are

available only to authorized personnel

whose duties require access.

RETENTION AND DISPOSAL:

Retained for two years following the

end of the current fiscal year; then

transferred to the Federal Records

Center and destroyed when 6 years and

3 months old.

SYSTEM MANAGER(S) AND ADDRESS:

Managing Director, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–A663,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURE:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Subject individual; Federal Reserve

Bank; agent of subject; Attorney-at-Law

of the subject individual.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63493

FCC/OMD–7

SYSTEM NAME:

FCC Employee Transit Benefit and

Parking Permit Programs.

SYSTEM LOCATION:

Associate Managing Director—

Administrative Operations, ASC, Office

of the Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room TW–C201,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THIS

SYSTEM:

FCC employees who apply for and

participate in the FCC Transit Benefit

and Parking Permit Programs, such as:

holders of parking permits and members

of carpools and vanpools; recipients

with handicap status for parking

assignments; and applicants and

recipients of fare subsidies issued by

FCC.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system contains various records

required to administer the Transit

Benefit and Parking Permit Programs

and serves to determine the applicant’s

qualification based on handicap status,

mode of transportation to and from

work, and to certify their monthly

commuting cost to and from work.

These records include the following

information:

1. Employee Transit Benefit Program

applications, Transit Benefit

certification forms, change of

information on Employee Transit

Benefit Program application of the

transit benefit recipients, parking

applications, vanpool and carpool

verification, employee parking rosters,

employee handicap verification, and

executive staff information.

2. Data regarding the organizational

location, telephone number, FCC badge

number, home address, vehicle make/

model, license plate number, handicap

status documents, van/carpool

information, executive status, mode of

transportation and monthly cost of

transportation of any applicant who has

submitted an application for the Transit

Benefit and/or Parking Permit Programs.

3. Records and reports of

disbursements to transit benefit

recipients, parking permit recipients,

handicap status, and information on

local public mass transit facilities.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Statutory authority to provide public

transportation, parking records, and

handicap parking services is derived

from:

1. The Federal Employees Clean Air

Incentives Act, Sec. 2(a) of Pub. L. 103–

172, at 5 U.S.C. 7905;

2. Sec. 629 of Pub. L. 101–509, ‘‘State

or Local Government Programs

Encouraging Employee Use of Public

Transportation, Federal Agency

Participation,’’ at 5 U.S.C. note prec.

section 7901; and in 47 CFR 101–

20.104–2; and

3. The Federal Property and

Administrative Services Act of 1949, as

amended, at 5 U.S.C. 301.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. A record in this system may be

disclosed to a member of Congress or to

a Congressional staff member in

response to an inquiry of the

Congressional office made at the written

request of the constituent about whom

the record is maintained;

2. A record in this system may be

disclosed to the Department of Justice

when: (a) The agency or any component

thereof; (b) any employee of the agency

in his or her official capacity where the

Department of Justice has agreed to

represent the employee; or (c) the

United States Government, is a party to

litigation or has an interest in such

litigation, and by careful review, the

agency determines that the records are

both relevant and necessary to the

litigation and the use of such records by

the Department of Justice is therefore

deemed by the agency to be for a

purpose that is compatible with the

purpose for which the agency collected

the records;

3. A record in this system may be

disclosed to the National Finance Center

(the Commission’s designated payroll

office), the Department of Treasury Debt

Management Services and/or a current

employer to effect a salary, IRS tax

refund or administrative offset to satisfy

an indebtedness incurred for unofficial

use of transit benefits; and to Federal

agencies to identify and locate former

employees for the purpose of collecting

such indebtedness, including through

administrative, salary or tax refund

offsets. Identifying and locating former

employees, and the subsequent referral

to such agencies for offset purposes,

may be accomplished through

authorized computer matching

programs. Disclosures will be made only

when all procedural steps established

by the Debt Collection Act of 1982, and

the Debt Collection Improvement Act of

1996 or the Computer Matching and

Privacy Protection Act of 1988 as

appropriate, have been taken;

4. A record in this system may be

disclosed to a FCC employee in his/her

individual capacity when inquiring

about his/her application that was

submitted for the Transit Benefit and/or

Parking Permit Programs. Employees

may do so by supplying their full name

and FCC ID Badge Number

(Identification Number must match

number in the system);

5. A record in this system may be

disclosed where there is an indication of

misrepresentation to obtain, or misuse

of, a transit benefit; and/or parking

permit, records from this system may be

referred to the appropriate FCC official

responsible for revoking the transit

benefit and/or parking permit, and

recovering the unauthorized amount of

used transit benefit, suspending

employee participation in the programs,

and/or may result in disciplinary action;

6. A record in this system may be

disclosed to GSA/GAO for the purposes

of records management inspections

conducted. Such disclosure shall not be

used to make a determination about an

individual;

7. A record in this system may be

used for administrative purposes by

authorized personnel for production of

listings and reports. This system may be

used for periodic review of recertification, and to ensure eligibility

for, and receipt of, transit benefit and

parking privileges;

8. A record from this system may be

disclosed to a request for information

from a Federal, state, or local agency in

connection with the approval/

disapproval of an application for special

parking assignment; and

9. A record in this system may be

disclosed to agency contractors, who

have been engaged by the agency to

assist in the performance of a service

related to this system of records and

who need to have access to the records

in order to perform the necessary

activity. Recipients will be required to

comply with the requirements of the

Privacy Act of 1974, as amended,

pursuant to 5 USC 552a(m).

In each cases the FCC will determine

whether disclosure of the records is

compatible with the purpose for which

the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on 81⁄2 x 11

and 81⁄2 x 5 papers in file folders and

in the transit benefit and parking permit

computer databases. Storage will be in

the Office of Managing Director, AMD—

Administrative Operations, ASC,

Federal Communications Commission

(FCC), 445 12th Street, SW., Room TW–

C201, Washington, DC 20554.

63494 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

RETRIEVABILITY:

Records are retrieved by the

employee’s name, or by the FCC Badge

identification number, tag, and/or

permit number

SAFEGUARDS:

Records are maintained in a secured

area and are available only to authorized

personnel responsible for implementing

these programs and whose duties

require access. Computer databases are

setup with a secured password. File

cabinets where the records are stored

will be controlled by on-site personnel

when unlocked and locked when not in

use. All transit benefits and parking

permits are kept in a locked cash box

contained in a (cylinder lock) drawer.

At close of business the cash box is to

be secured in a government issued safe

with a combination lock.

RETENTION AND DISPOSAL:

Records are retained and disposed of

in accordance with appropriate General

Records Schedule 6, National Archives

and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:

Associate Managing Director—

Administrative Operations, ASC, Office

of the Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW., Room TW–C201,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Anyone inquiring about an employee

record under the Transit Benefit and

Parking Permit Programs should contact

the Transit Benefit and Parking Permit

Programs Coordinator. Individuals must

supply their full name and/or FCC

Badge Number (Identification Number

must match what is in the system) in

order for records to be located and

identified.

RECORD ACCESS PROCEDURES:

Same as Notification Procedure.

CONTESTING RECORD PROCEDURES:

Same as Notification Procedure.

RECORD SOURCE CATEGORIES:

Information in these systems of

records is obtained from applications

submitted by individuals for the Transit

Benefit and Parking Permit Programs.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OMD–8

SYSTEM NAME:

Revenue Accounting Management

Information System (‘‘RAMIS’’).

SYSTEM LOCATION: FINANCIAL OPERATIONS

CENTER, ASSOCIATE MANAGING DIRECTOR—

FINANCIAL

Operations (AMD–FO), Office of

Managing Director (OMD), Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–A625,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Records in this system include:

Entities (acting on their own behalf or

on behalf of a corporate entity) making

payments to cover forfeitures assessed,

application and regulatory fees covered,

services rendered, and direct loans;

refunds for incorrect payments or

overpayments (including application

processing fees and travel advances);

billing and the collection of bad debts;

and miscellaneous monies received by

the Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system include the

following: Names; Social Security

Numbers (SSN); Taxpayer Identification

Numbers (TIN); FCC Registration

Numbers (FRN); Telephone numbers;

Addresses of individuals; Records of

services rendered; Loan payment

information; Forfeitures assessed and

collected; Amounts; Dates; Check

numbers; Locations; Bank deposit

information; Transaction type

information; United States Treasury

deposit numbers; Ship name and call

sign; and Information substantiating fees

collected, refunds issued, and interest,

penalties, and administrative charges

assessed to individuals.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Budget and Accounting Act of 1921;

Budget and Accounting Procedures Act

of 1950; Federal Communications

Authorization Act of 1989; and 31

U.S.C. 525.

PURPOSE(S):

The primary uses of the records are to

account for all monies received by the

FCC from the public and refunded to the

public.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

State, or local agency responsible for

investigating or prosecuting a violation,

or for enforcing or implementing the

statute, rule, regulation or order.

2. A record from this system may be

disclosed to request information from a

Federal, State, or local agency

maintaining civil, criminal, or other

relevant enforcement such as licenses, if

necessary, to obtain information

relevant to a FCC decision concerning

the hiring or retention of an employee,

the issuance of a security clearance, the

letting of a contract, or the issuance of

a license, grant, or other benefit.

3. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant or other benefit.

4. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

5. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

6. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

7. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the Government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

8. A record from this system of

records which concerns information on

past due debts to the Federal

Government may be disclosed to the

Department of the Treasure, Financial

Management Service, other federal

agencies and/or your employer to offset

your salary, IRS tax refund, or other

payments to collect that debt.

9. Records from this system of records

which concerns information on pay and

leave, benefits, retirement deductions,

and any other pertinent information

may be disclosed to the Office of

Personnel Management in order for it to

carry out its legally authorized

Government-wide functions and duties.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63495

10. Records from this system may be

disclosed to ‘‘consumer reporting

agencies’’ as defined in the Fair Credit

Reporting Act (15 U.S.C. 1681a(f) of the

Federal Claims Collection Act of 1996

(31 U.S.C. 3701(a)(3)).

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in paper files,

computer printout, microfiche, magnetic

disc, and magnetic tape.

RETRIEVABILITY:

By name and/or type of transaction,

call sign, processing number, Social

Security Number, Taxpayer

Identification Number (TNN), FCC

Registration Number (FRN), employee

identification number, fee control

number, payment ID number, or

sequential number.

SAFEGUARDS:

Records are located in secured metal

file cabinets, metal vaults, and in metal

file cabinets in secured rooms or

secured premises, with access limited to

those individuals whose official duties

required access. Electronic record files

are secured by passwords which are

available only to authorized personnel

whose duties require access. Data

resident on network servers are backedup daily to magnetic media. One week’s

worth of back-up tapes is stored on-site

in fireproof safes. Each week, the

previous week’s backup tapes are sent to

an off-site storage location. A maximum

of ten week’s tapes are kept and cycled

in this fashion.

RETENTION AND DISPOSAL:

Retained for two years following the

end of the current fiscal year; then

transferred to the Federal Records

Center and destroyed when 6 years and

3 months old.

SYSTEM MANAGER(S) AND ADDRESS:

Managing Director, Office of

Managing Director, Federal

Communications Commission (FCC),

445 12th Street, SW, Room 1–A625,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURE:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Subject individual; Federal Reserve

Bank; FCC RAMIS forms files; Agent of

subject; and Attorney-at-Law of the

subject individual.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/OMD–9

SYSTEM NAME:

Commission Registration System

(‘‘CORES’’).

SYSTEM LOCATION:

Financial Operations Group,

Associate Managing Director-Financial

Operations (AMD–FO), Office of

Managing Director (OMD), Federal

Communications Commission (FCC),

445 12th Street, SW, Room 1–A625,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Records in this system include

information on individuals (acting on

their own behalf or on behalf of a

corporate entity) who are doing business

with the Federal Communications

Commission. The FCC Registration

Number (FRN) will be assigned by the

Commission Registration System

(CORES). The Registration Number will

be required for anyone doing business

with the Commission (feeable) after

December 31, 2000 to ensure that they

receive any refunds due, to service

public inquiries, and to comply with the

Debt Collection Improvement Act of

1996.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system include:

Names; Address(es); Social Security

Numbers (SSN); Taxpayer Identification

Numbers (TIN); FCC Registration

Numbers (FRN); Business entity type

(person or company); Telephone

number(s); Fax number(s); E-mail

address(es); and Addresses of

individuals or entities.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Communications Act of 1934, as

amended, sections 8 and 9 and the Debt

Collection Improvement Act of 1996,

Pub.L. 104–134.

PURPOSE(S):

The primary uses of the records

contained on this form are to maintain

required accounts receivable, and

collect fines and debts due the Federal

Communications Commission. This

information also assures that the

individuals, or the entities which they

represent, receive any refunds due.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

State, or local agency responsible for

investigating or prosecuting a violation,

or for enforcing or implementing the

statute, rule, regulation or order.

2. A record from this system may be

disclosed to request information from a

Federal, State, or local agency

maintaining civil, criminal, or other

relevant enforcement such as licenses, if

necessary, to obtain information

relevant to a FCC decision concerning

the hiring or retention of an employee,

the issuance of a security clearance, the

letting of a contract, or the issuance of

a license, grant, or other benefit.

3. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant or other benefit.

4. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

5. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

6. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the Government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

7. A record from this system of

records which concerns information on

past due debts to the Federal

Government may be disclosed to the

Department of the Treasure, Financial

Management Service, other federal

agencies and/or your employer to offset

your salary, IRS tax refund, or other

payments to collect that debt.

63496 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in paper files,

computer printout, and magnetic tape.

RETRIEVABILITY:

By name and/or type of transaction;

Processing number; Social Security

Number; Taxpayer Identification

Number; FCC Registration Number

(FRN); Employer Identification Number;

or Sequential number.

SAFEGUARDS:

Records are located in secured metal

file cabinets, metal vaults, and in metal

file cabinets in secured rooms or

secured premises, with access limited to

those individuals whose official duties

required access. Electronic record files

are secured by passwords which are

available only to authorized personnel

whose duties require access. Data

resident on network servers are backedup daily to magnetic media. One week’s

worth of back-up tapes is stored on-site

in fireproof saves. Each week, the

previous week’s backup tapes are sent to

an off-site storage location. A maximum

of ten week’s tapes are kept and cycled

in this fashion.

RETENTION AND DISPOSAL:

Retained for two years following the

end of the current fiscal year; then

transferred to the Federal Records

Center and destroyed when 6 years and

3 months old.

SYSTEM MANAGER(S) AND ADDRESS:

Financial Management Division,

Associate Managing Director-Financial

Operations (AMD–FO), Office of

Managing Director (OMD), Federal

Communications Commission (FCC),

445 12th Street, SW., Room 1–A625,

Washington, DC 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURE:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Subject individual; Federal Reserve

Bank; FCC CORES forms files; and

Attorney-at-Law of the subject

individual.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/WTB–1

SYSTEM NAME:

Wireless Services Licensing Records.

SYSTEM LOCATION:

Wireless Telecommunications

Bureau, Room 3–C122, Federal

Communications Commission (FCC),

445 12th Street, SW., Washington, DC

20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

1. Licensees and applicants (including

persons or entities with attributable

interests therein as described below);

2. Tower owners; and

3. Contact persons relating to radio

systems licensed or processed by the

Wireless Telecommunications Bureau

under parts 13, 22, 24, 26, 27, 74, 80, 87,

90, 95, 97, and 101 of the Commission’s

Rules (Wireless Services).

CATEGORIES OF RECORDS IN THE SYSTEM:

The scope of records includes

applications, licenses and pleadings

relating to such applications, and

correspondence relating to

authorizations, and requests for

authorizations in the Wireless Services.

The current application forms will

include the collection of Taxpayer

Identification Numbers (TINs).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

47 U.S.C. 301, 303, 309, 312, 362, 364,

386, 507, and 510. The use of the

Taxpayer Identification Numbers (TINs)

is defined by 26 U.S.C. 6109. Authority

to collect TINs under the Debt

Collection Improvement Act of 1996 is

found at 31 U.S.C. 7701. Licensing

disclosure requirements, etc. are found

under 47 CFR 1.2112 and the Biennial

Regulatory Review—Amendment of

Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90,

95, 97, and 101 of the Commission’s

Rules to Facilitate the Development and

Use of the Universal Licensing System

in the Wireless Telecommunications

Services, Report and Order, WT Docket

No. 98–20, FCC 98–234, 13 FCC Rcd

21027 ¶¶ 132–42.

PURPOSE(S):

Records are kept to administer the

FCC’s regulatory responsibilities

including licensing, enforcement,

rulemaking, and other actions necessary

to perform spectrum management

duties. The system will also be

maintained to provide public access to

pending requests for authorizations and

information regarding current licensees.

1. License records are routinely used

to determine the availability of

spectrum for licensing.

2. The records are also used to

determine when compliance filings,

renewal applications and fees are due

from licensees.

3. FCC licensee records are used to

resolve disputes between radio

operators regarding who has certain

rights to use particular frequency bands

in particular geographic areas. The

records may also be used to resolve

cross border disputes e.g., disputes with

entities operating in Canada and

Mexico.

4. Records will be used to allow

licensees to transfer or assign their

interests in particular licenses or

portions of licenses as the rules permit

(after agency approval).

5. Records will be used to evaluate the

completeness and sufficiency of

requests for new or modified

authorizations.

6. Public access to license data

(except TIN numbers) will promote the

economically efficient allocation of

spectrum and the resolution of radio

interference problems.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

The licensee records will be publicly

available and routinely used in

accordance with subsection b. of the

Privacy Act. TIN Numbers and material

which is afforded confidential treatment

pursuant to a request made under 47

CFR § 0.459 will not be available for

Public inspection. However, these and

all other records may also be disclosed

for the following purposes:

1. A Record from this system may be

disclosed where there is an indication of

a violation or potential violation of a

statute, regulation or order, records from

this system may be used to conduct

enforcement proceedings within the

agency, or may be referred to Federal,

state, or local law enforcement

personnel responsible for investigating,

prosecuting or for enforcing or

implementing the statute, regulation or

order.

2. Records may be utilized to report

to the President, NTIA and other federal

agencies regarding the current uses and

utilization of the spectrum that the FCC

manages.

3. A record on an individual may be

used where pertinent in any legal

proceeding to which the Commission is

a party before a court or administrative

body.

4. A record from this system may be

disclosed to the Department of Justice or

in a proceeding before a court or

adjudicative body when:

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63497

(a) The United States, the

Commission, a component of the

Commission, or, when arising from his

employment, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation; and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

5. A Record from this system may be

disclosed to debt collection contractors

(31 U.S.C. 3718) or to other Federal

agencies such as the Department of the

Treasury (Treasury) for the purpose of

collecting and reporting on delinquent

debts as authorized by the Debt

Collection Act of 1982 or the Debt

Collection Improvement Act of 1996;

6. A Record from this system may be

disclosed to Treasury; the Defense

Manpower Data Center, Department of

Defense; the United States Postal

Service; government corporations; or

any other Federal, State, or local agency

to conduct an authorized computer

matching program in compliance with

the Privacy Act of 1974, as amended, to

identify and locate individuals,

including Federal employees, who are

delinquent in their repayment of certain

debts owed to the U.S. Government,

including those incurred under certain

programs or services administered by

the FCC, in order to collect debts under

common law or under the provisions of

the Debt Collection Act of 1982 or the

Debt Collection Improvement Act of

1996 which include by voluntary

repayment, administrative or salary

offset, and referral to debt collection

contractors.

7. A Record from this system may be

disclosed to the Department of Justice,

United States Attorney, Treasury, or

other Federal agencies for further

collection action on any delinquent

account when circumstances warrant.

8. A Record from this system may be

disclosed to credit reporting agencies/

credit bureaus for the purpose of either

adding to a credit history file or

obtaining a credit history file or

comparable credit information for use in

the administration of debt collection. As

authorized by the DCIA, the FCC may

report current (not delinquent) as well

as delinquent consumer and commercial

debt to these entities in order to aid in

the collection of debts, typically by

providing an incentive to the person to

repay the debt timely. Proposed

revisions to the Federal Claims

Collection Standards (FCCS) published

in the Federal Register on December 31,

1997, direct agencies to report

information on delinquent debts to the

Department of Housing and Urban

Development’s Credit Alert Interactive

Voice Response System (CAIVRS). The

FCC will report this information to

CAIVRS if the proposed requirement is

contained in the final rule amending the

FCCS.

9. A Record from this system may be

disclosed to any Federal agency where

the debtor is employed or receiving

some form of remuneration for the

purpose of enabling that agency to

collect a debt owed the Federal

government on the FCC’s behalf. The

FCC may counsel the debtor for

voluntary repayment or may initiate

administrative or salary offset

procedures, or other authorized debt

collection methods under the provisions

of the Debt Collection Act of 1982 or the

Debt Collection Improvement Act of

1996. Pursuant to the DCIA, the FCC

may garnish non-Federal wages of

certain delinquent debtors so long as

required due process procedures are

followed. In these instances, the FCC’s

notice to the employer will disclose

only the information that may be

necessary for the employer to comply

with the withholding order.

10. A Record from this system may be

disclosed to the Internal Revenue

Service (IRS) by computer matching to

obtain the mailing address of a taxpayer

for the purpose of locating such

taxpayer to collect or to compromise a

Federal claim by the FCC against the

taxpayer pursuant to 26 U.S.C.

6103(m)(2) and in accordance with 31

U.S.C. 3711, 3717, and 3718 or common

law. Disclosure of a mailing address

obtained from the IRS may be made

only for debt collection purposes,

including to a debt collection agent to

facilitate the collection or compromise

of a Federal claim under the Debt

Collection Act of 1982 or the Debt

Collection Improvement Act of 1996,

except that disclosure of a mailing

address to a reporting agency is for the

limited purpose of obtaining a credit

report on the particular taxpayer. Any

mailing address information obtained

from the IRS will not be used or shared

for any other FCC purpose or disclosed

by the FCC to another Federal, State, or

local agency which seeks to locate the

same taxpayer for its own debt

collection purposes.

11. A Record from this system may be

disclosed to refer legally enforceable

debts to the IRS or to Treasury’s Debt

Management Services to be offset

against the debtor’s tax refunds under

the Federal Tax Refund Offset Program.

12. A Record from this system may be

disclosed to prepare W–2, 1099, or other

forms or electronic submittals, to

forward to the IRS and applicable State

and local governments for tax reporting

purposes. Under the provisions of the

DCIA, the FCC is permitted to provide

Treasury with Form 1099–C information

on discharged debts so that Treasury

may file the form on the FCC’s behalf

with the IRS. W–2 and 1099 Forms

contain information on items to be

considered as income to an individual,

including payments made to persons

not treated as employees (e.g., fees to

consultants and experts), and amounts

written-off as legally or administratively

uncollectible, in whole or in part.

13. A Record from this system may be

disclosed to banks enrolled in the

Treasury Credit Card Network to collect

a payment or debt when the individual

has given his or her credit card number

for this purpose.

14. A Record from this system may be

disclosed to another Federal agency that

has asked the FCC to effect an

administrative offset under common law

or under 31 U.S.C. 3716 to help collect

a debt owed the United States.

Disclosure under this routine use is

limited to name, address, TIN, and other

information necessary to identify the

individual; information about the

money payable to or held for the

individual; and other information

concerning the administrative offset.

15. A Record from this system may be

disclosed to Treasury or other Federal

agencies with whom the FCC has

entered into an agreement establishing

the terms and conditions for debt

collection cross-servicing operations on

behalf of the FCC to satisfy, in whole or

in part, debts owed to the U.S.

government. Cross-servicing includes

the possible use of all debt collection

tools such as administrative offset, tax

refund offset, referral to debt collection

contractors, and referral to the

Department of Justice. The DCIA

requires agencies to transfer to Treasury

or Treasury-designated Debt Collection

Centers for cross-servicing certain

nontax debt over 180 days delinquent.

Treasury has the authority to act in the

Federal government’s best interest to

service, collect, compromise, suspend,

or terminate collection action in

accordance with existing laws under

which the debts arise.

16. Information on past due, legally

enforceable nontax debts more than 180

days delinquent will be referred to

Treasury for the purpose of locating the

debtor and/or effecting administrative

offset against monies payable by the

government to the debtor, or held by the

government for the debtor under the

DCIA’s mandatory, government-wide

Treasury Offset Program (TOP). Under

TOP, Treasury maintains a database of

all qualified delinquent nontax debts,

and works with agencies to match by

computer their payments against the

63498 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

delinquent debtor database in order to

divert payments to pay the delinquent

debt. Treasury has the authority to

waive the computer matching

requirement for the FCC and other

agencies upon written certification that

administrative due process notice

requirements have been complied with.

17. For debt collection purposes, the

FCC may publish or otherwise publicly

disseminate information regarding the

identity of delinquent nontax debtors

and the existence of the nontax debts

under the provisions of the Debt

Collection Improvement Act of 1996.

18. A Record from this system may be

disclosed to the Department of Labor

(DOL) and the Department of Health and

Human Services (HHS) to conduct an

authorized computer matching program

in compliance with the Privacy Act of

1974, as amended, to match the FCC’s

debtor records with the records of DOL

and HHS to obtain names, name

controls, names of employers,

addresses, dates of birth, and TINs. The

DCIA requires all Federal agencies to

obtain taxpayer identification numbers

from each individual or entity doing

business with the agency, including

applicants and recipients of licenses,

grants, or benefit payments; contractors;

and entities and individuals owing

fines, fees, or penalties to the agency.

The FCC will use TINs in collecting and

reporting any delinquent amounts

resulting from doing business with

applicants and licensees.

19. If the FCC decides or is required

to sell a delinquent nontax debt

pursuant to 31 U.S.C. 3711(i),

information in this system of records

may be disclosed to purchasers,

potential purchasers, and contractors

engaged to assist in the sale or to obtain

information necessary for potential

purchasers to formulate bids and

information necessary for purchasers to

pursue collection remedies.

20. If the FCC has current and

delinquent collateralized nontax debts

pursuant to 31 U.S.C. 3711(i)(4)a.,

certain information in this system of

records on its portfolio of loans, notes

and guarantees, and other collateralized

debts will be reported to Congress based

on standards developed by the Office of

Management and Budget, in

consultation with Treasury.

21. A Record from this system may be

disclosed to Treasury in order to request

a payment to individuals owed money

by the FCC.

22. A Record from this system may be

disclosed to the National Archives and

Records Administration or to the

General Services Administration for

records management inspections

conducted under 44 U.S.C. 2904 and

2906.

In each of these cases the FCC will

determine whether such use of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

All records will be stored and

accessed electronically. Records that are

submitted to the FCC on paper will be

scanned or keyed into the computer

system as appropriate. Paper records

submitted to the FCC will be archived

after being entered into ULS. Tape

backups of records will be periodically

created. Records of prior licensees will

be archived.

RETRIEVABILITY:

A primary purpose of the system is to

provide easy access to the information.

Records may be retrieved by searching

electronically using a variety of

parameters including name, a licensee’s

unique identifier, call sign, file number,

etc. However, paper records which

contain TINs will not be available for

Public Inspection.

SAFEGUARDS:

1. Records (other than TINs and

materials which are afforded

confidential treatment under 47 CFR

0.459) are accessible to the public.

2. Access to certain records may be

available on the Internet. Access to

other records will be available using a

web browser on the Commission wide

area network.

3. The ability to enter and change

individual records will be protected by

passwords issued to applicants and

licensees. Records will be protected

from unauthorized changes by

passwords and other computer security

measures within the agency.

4. TINs reported to the agency as

requested on appropriate forms will not

be available to the public. (The agency

cannot be responsible for the disclosure

of TINs by applicants in attachments to

applications or pleadings in situations

where confidentiality is not requested.)

5. Each applicant or licensee will be

given a unique identifier generated by

the ULS after such applicant or licensee

provides its TIN to the agency. These

identifiers will be used within the

agency and by the public to obtain

information on the licenses held by

particular individuals or entities. These

identifiers will be used in lieu of

tracking by TINs so that the agency can

avoid unnecessary disclosure of TINs.

Within the agency, access to TINs will

be available only to those persons

whose jobs require such access (e.g.,

FCC staff who report debt information to

the U.S. Department of Treasury).

6. Data resident on network servers

are backed-up daily to magnetic media.

One week’s worth of back-up tapes is

stored on-site in fireproof saves. Each

week, the previous week’s backup tapes

are sent to an off-site storage location. A

maximum of ten week’s tapes are kept

and cycled in this fashion.

RETENTION AND DISPOSAL:

Records will be actively maintained

as long as an individual remains a

licensee. Paper records will be archived

after being keyed or scanned into the

system. Electronic records will be

backed up on tape. Electronic and paper

records will be maintained for at least

eleven years.

SYSTEMS MANAGER(S) AND ADDRESS:

Chief, Wireless Telecommunications

Bureau (WTB), Room 3–C122, Federal

Communications Commission (FCC),

445 12th Street, SW., Washington, DC

20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager. In order to identify a specific

record please indicate name, address,

type of record as well as file number or

call sign where applicable.

RECORD ACCESS PROCEDURES:

Information regarding procedures for

accessing records can be found at the

FCC Web site at www.fcc.gov or by

calling 888–CALL–FCC.

CONTESTING RECORD PROCEDURES:

Individuals wishing to request

amendment of their records should

contact the system manager indicated

above. An individual requesting

amendment must also follow the FCC

Privacy Act regulations regarding

verification of identity and amendment

of records. See 47 CFR 0.556–0.557.

RECORD SOURCE CATEGORIES:

The individual to whom the

information applies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/WTB–5

SYSTEM NAME:

Application Review List for Present or

Former Licensees, Operators, or

Unlicensed Persons Operating Radio

Equipment Improperly.

SYSTEM LOCATION:

Wireless Telecommunications Bureau

(WTB), Room 3–C122, Federal

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices 63499

Communications Commission (FCC),

445 12th Street, SW., Room 3–C122,

Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

1. Individuals who are or have been

licensed under parts 13, 80, 87, 95, or

97 of the Rules who have operated in

violation of the Commission’s rules or

the Communications Act of 1934, as

amended.

2. Unlicensed persons who have

operated radio transmitting equipment.

3. Persons who have had a license

revoked or have had an application

dismissed or denied, and are prohibited

from filing another application within

one year.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system include: Name;

Address; Date of birth (if known) of

individual; Authorization code of staff

member who placed name in the file;

and Date the name was placed in the

file.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

47 U.S.C. 301, 303, 309(e), and 312.

PURPOSE(S):

This system of records is used by

selected staff and field employees to

determine whether the application of

these individuals should be granted,

dismissed or set for hearing.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulations or order.

2. A record from this system may be

disclosed to request information from a

Federal, state, or local agency

maintaining civil, criminal, or other

relevant enforcement information or

other pertinent information, such as

licenses, if necessary to obtain

information relevant to a Commission

decision concerning the issuance of a

license, grant or other benefit or

enforcement proceedings.

3. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant or other benefit.

4. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

5. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 44 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

6. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

7. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when arising from his

employment, an employee of the

Commission is a party to litigation or

anticipated litigated or has an interest in

such litigation, and

(b) The Commission determines that

the disclosure is relevant or necessary to

the litigation.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

On magnetic tape and computer

printout.

RETRIEVABILITY:

Information is filed alphabetically by

name of individual in a computer and

is retrieved periodically through

computer printout.

SAFEGUARDS:

Access to computer is controlled by

password in a secured office and the

printouts are available only to selected

staff personnel.

RETENTION AND DISPOSAL:

The printouts are destroyed by

machine shredding or by tearing into

pieces when a new list is distributed.

The computer tapes are retained for four

back-up cycles, and on the fifth update,

the oldest tape is destroyed. Individual

names are removed from the file when

retention is no longer appropriate. The

entire list of names is reviewed

quarterly.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Wireless Telecommunications

Bureau, Room 3–C122, SW., Federal

Communications Commission, 445 12th

Street, SW., Washington, DC. 20554.

NOTIFICATION PROCEDURE:

Address inquiries to the system

manager.

RECORD ACCESS PROCEDURES:

Address inquiries to the system

manager.

CONTESTING RECORD PROCEDURE:

Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:

Applicants and FCC Field Engineers.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/WTB–6

SYSTEM NAME:

Radio Operator Records.

SYSTEM LOCATION:

Wireless Telecommunications Bureau

(WTB), Federal Communications

Commission (FCC), 1270 Fairfield Road,

Gettysburg, Pennsylvania 17325.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Individuals who have applied and/or

received radio operator licenses.

CATEGORIES OF RECORDS IN THE SYSTEM:

Applications for commercial radio

operator licenses, records of documents

issued, and correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Geneva Radio Regulations; 47 U.S.C.

303(l), 303(m), and 318.

PURPOSE(S):

1. For use in connection with the

administration of the Commission’s

radio operator program including

applications, and determinations of

license applicant qualifications. Limited

file materials concerning licensed radio

operators is maintained in the agency’s

computer database. The information in

the license database will be available for

public inspection.

2. If the records indicate a possible

violation of law, they may be referred to

the FCC’s Enforcement Bureau, Office of

General Counsel, and to the appropriate

agency charged with the responsibility

of investigating or prosecuting such

violation.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. Where there is an indication of a

violation or potential violation of a

63500 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

statute, regulation, rule, or order,

records from this system may be

referred to the appropriate Federal,

state, or local agency responsible for

investigating or prosecuting a violation

or for enforcing or implementing the

statute, rule, regulation, or order.

2. A record from this system may be

disclosed to request information from a

Federal, state, or local agency

maintaining civil, criminal, or other

relevant enforcement information or

other pertinent information, such as

licenses, if necessary to obtain

information relevant to a Commission

decision concerning the hiring or

retention of an employee, the issuance

of a security clearance, the letting of a

contract, or the issuance of a license,

grant, or other benefit.

3. A record from this system may be

disclosed to a Federal agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of a security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant, or other benefit.

4. A record on an individual in this

system of records may be disclosed to a

Congressional office in response to an

inquiry the individual has made to the

Congressional office.

5. A record from this system of

records may be disclosed to GSA and

NARA for the purpose of records

management inspections conducted

under authority of 4 U.S.C. 2904 and

2906. Such disclosure shall not be used

to make a determination about

individuals.

6. A record on an individual in this

system of records may be disclosed,

where pertinent, in any legal proceeding

to which the Commission is a party

before a court or administrative body.

7. A record from this system of

records may be disclosed to the

Department of Justice or in a proceeding

before a court or adjudicative body

when:

(a) The United States, the

Commission, a component of the

Commission, or, when represented by

the government, an employee of the

Commission is a party to litigation or

anticipated litigation or has an interest

in such litigation, and

(b) the Commission determines that

the disclosure is relevant or necessary to

the litigation.

In each of these cases, the FCC will

determine whether disclosure of the

records is compatible with the purpose

for which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Information is stored on microfilm

and a computer database.

RETRIEVABILITY:

All records are retrievable by

applicant name.

SAFEGUARDS:

The microfilm is stored in file

cabinets in offices that are secured at the

close of the business day. Access to the

database is secured by passwords. Data

resident on network servers are backedup daily to magnetic media. One week’s

worth of back-up tapes is stored on-site

in fireproof safes. Each week, the

previous week’s backup tapes are sent to

an off-site storage location. A maximum

of ten week’s tapes are kept and cycled

in this fashion.

RETENTION AND DISPOSAL:

Commercial applications are

destroyed when 11 years old. Both

General and Restricted Permit

applications are retained for 75 years.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Database Management Division,

Wireless Telecommunications Bureau,

Federal Communications Commission

(FCC), 1270 Fairfield Road, Gettysburg,

PA 17325

NOTIFICATION, RECORD ACCESS AND CONTESTING

RECORD PROCEDURES:

This system is exempt from the

requirement that the agency publish the

procedures for notifying an individual,

at his or her request, if the system

contains a record pertaining to him/her,

for gaining access to such record, and

for contesting the contents of the record.

RECORD SOURCE CATEGORIES:

This system is exempt from the

requirement that the agency publish the

categories of sources of records in this

system.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

This system of records is exempt from

subsections (c)(3), (d), (e)(1), (e)(4), (G),

(H), and (I), and (f) of the Privacy Act.

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

investigative material compiled for law

enforcement purposes as defined in

section (k)(2) of the Privacy Act.

[FR Doc. 00–27037 Filed 10–20–00; 8:45 am]

BILLING CODE 6712–01–U