Privacy Act: [FCC/FOB-1] Radio Operator Records....

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   Administrator.
     Safeguards: 
       Records are maintained in locked cabinets accessible only to 
   Employee Assistance Program personnel.
     Retention and disposal: 
       Records are retained until three years after the employee has 
   ceased contact with the counselor or until the employee's separation 
   or transfer, whichever comes first, at which time they are destroyed 
   by shredding.
     System manager(s) and address: 
       Employee Assistance Program Coordinator, Office of Managing 
   Director, FCC, 1919 M Street, NW, 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: 
       Employee, employee's supervisor, and counselors.

   #..FCC/Central-5

   #....System name: Alcoholism and Drug Abuse Case Files.

     System location: 
       Labor Relations and Workforce Effectiveness Division, Office of 
   Associate Managing Director, Human Resources Management, Office of 
   Managing Director, Federal Communications Commission (FCC), 1919 M 
   Street, NW, Washington, DC 20554.
     Categories of individuals covered by the system:
       FCC employees who seek guidance and counseling through the agency 
   Alcoholism and Drug Abuse Program.
     Categories of records in the system:
       Personal history as it relates to the employee's problem. Records 
   on employees referred for counseling.
     Authority for maintenance of the system:
       FPM 792.
   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:
       None.
     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 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:
       Managing Director, Office of Managing Director, FCC, 1919 M 
   Street, NW, 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: 
       Employee, employee's supervisor, and counselors.

   #..FCC/Central-6

   #....System name: Personnel 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 Staff, Office of Managing Director, Federal 
   Communications Commission (FCC), 1919 M Street, NW, 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:
       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. Also 
   contained is investigative information 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, E.O. 10450 and 
   11222; 47 CFR 19.735-107.
   Purpose(s): 
       The records in this system are used to provide investigatory 
   information for determinations concerning compliance with Federal 
   regulations and for individual personnel determinations including 
   suitability and fitness for Federal employment, access to classified 
   information or restricted areas, security clearances, evaluations of 
   qualification, 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 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.
       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 for 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 
   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: 
       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 to take decisional action on the 
   records.
     Retention and disposal: 
       Records are retained during employment or while individual is 
   actively involved in federal program. As appropriate, records are 
   returned to investigating agencies after employment terminates. Those 
   records originated by the FCC are retained for 20 years from the date 
   of the most recent investigative activity. Records are destroyed by 
   burning.
     System manager(s) and address:
       Managing Director, Office of Managing Director, FCC, 1919 M 
   Street, NW, Washington, DC 20554.
     Notification procedure: 
     Record access procedures:
     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)(1), (e)(4)(G), (H) and (I), and (f) of the Privacy Act of 1974, 5 
   U.S.C. 552(a), and from Secs. 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. Investigatory 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. Investigatory 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.

   #..FCC/Central-7

   #....System name: Freedom of Information Act Case Files.

     System location: 
       Offices handling request, Federal Communications Commission 
   (FCC), 1919 M Street, NW, 2025 M Street, NW, and 200 L Street, NW, 
   Washington, DC 20554, and FCC field offices. (See FCC telephone 
   directory for field office addresses.)
     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 Freedom of 
   Information Act (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:
       5 U.S.C. 552, Freedom of Information Act.
   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 Freedom of Information Act (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 llikely to directly affect Commission 
   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).
     Retrievability: 
       Records are indexed by name of individual requester.
     Safeguards: 
       Records are maintained in file cabinets in the offices of FOIA 
   Liaisons throughout the Commission with limited access.
     Retention and disposal: 
       Individual case files are maintained for 2 years after date of 
   reply. Denied requests and appeals of denials may be retained for 
   longer periods (up to 6 years after final action) in accordance with 
   FOIA and FCC records control schedules.
     System manager(s) and address:
       Appropriate bureau or office chief in the Commission located at 
   1919 M Street, NW, 2025 M Street, NW, and 2000 L Street, NW, 
   Washington, DC 20554, and FCC offices. (See FCC telephone directory 
   for field office addresses.)
     Notification procedure: 
       Address inquiries to the appropriate system manager.
     Record access procedures: 
       Same as above.
     Contesting record procedures:
       Same as above.
     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.

   #..FCC/Central-8

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