Home > 1995 Privacy Act Documents > Privacy Act: [FCC/FOB-1] Radio Operator Records....

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


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   #....System name:

       Telephone Call Detail Records.
     System location: 
       Office of Managing Director, Information Technology Center, 
   Operations Group, Federal Communications Commission (FCC), 1919 M 
   Street, Washington, DC 20554. The records are paper, electronic, and 
   CD-ROM. The scope of records includes calls made to or from FCC 
   telephones.
     Categories of individuals covered by the system: 
       Individuals originating calls from FCC telephones and individuals 
   receiving such calls; individuals placing calls to or charging calls 
   to FCC telephones (including cellular telephones); and individuals 
   receiving such calls, or accepting the charges. 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 FCC. Incidental to the coverage of the primary record 
   subjects are non-employees 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: 
       Records in the system of records relate to telephone calls placed 
   to and from FCC phones, and the assignment of telephone numbers to 
   employees and the location of the telephones in the Commission. Since 
   this system includes cellular telephones any local call to or from a 
   cellular telephone would be included. The records may include such 
   information as the number called from, the number called, time and 
   date of call, duration, disposition and cost of the call and/or 
   charges accepted, and the FCC component to which the relevant 
   telephone numbers are assigned. In addition the system may include 
   copies of related records, e.g., any periodic summaries which may 
   have been compiled to reflect the total number of long distance 
   calls. The database(s) from which telephone numbers are retrieved 
   contains employees names, and office locations, but no other personal 
   identities such as social security numbers. The CD-ROM files contain 
   the agency telephone bills which provide details on all calls to and 
   from Commission telephones. The paper files consist of a combination 
   of the database and CD-ROM files.
     Authority for maintenance of the system: 
       This system of records is maintained pursuant to 44 U.S.C. 3101, 
   which authorizes agencies to create and preserve records documenting 
   agency organizations, functions, procedures, and transactions; 31 
   U.S.C. 1348(b), 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; 47 U.S.C. 154(i), which 
   authorizes the Commission to take actions necessary to execute its 
   functions; 5 CFR 2635.704(a), which prohibits use of Government 
   property for other than authorized purposes; and 41 CFR 201-21.601 
   and 201-21.602, which require that Government telecommunications 
   systems be used for official purposes only, and authorizing agencies 
   to collect for unauthorized calls.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       The Commission 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. 552a(b). Records and data may be disclosed as 
   necessary pursuant to 5 U.S.C. 552a(b)(3):
       1. 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. To representatives of the General Services Administration or 
   the National Archives and Records Administration who are conducting 
   records management inspections under the authority of 44 U.S.C. 2904 
   and 2906;
       3. To the Department of Justice when: (a) The agency or any 
   component thereof; or (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;
       4. To a court or adjudicative body in a proceeding when: (a) The 
   agency or any component thereof; or (b) any employee of the agency in 
   his or her official capacity; or (c) any employee of the agency in 
   his or her individual capacity where the agency has agreed to 
   represent the employee; or (d) 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. To law enforcement agencies when a record on its face, or in 
   conjunction with other records, indicates a violation or potential 
   violation of 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 prosecutive 
   responsibility of the receiving entity;
       6. 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 USC 552a(m);
       7. 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 telephone and cellular calls; 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;
       8. To 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. To a Federal, State, local, foreign, or tribal or other public 
   authority the fact that this system of records contains 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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:  
     Storage: 
       Records are maintained electronically, on paper and on CD-ROM.
     Retrievability: 
       Records are retrieved by bureau or office name, the employee 
   name, by name of recipient of telephone call, and by telephone 
   number.
     Safeguards: 
       Paper and CD-ROM records are maintained in file cabinets in 
   offices which are locked at the end of each business day. Information 
   in the database is secured through controlled access and passwords 
   restricted to administrative office personnel.
     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 Commission located at 1919 M Street, NW; 2025 M Street, NW; 2000 
   M Street, NW; 2100 M Street, NW; 1250 23rd Street, NW; 2000 L Street, 
   NW; Washington, DC 20554 and the Compliance and Information Bureau 
   Field Offices.
     Notification procedure: 
       Inquiries regarding this system should be addressed to the system 
   manager Office of Managing Director, Information Technology Center, 
   Operations Group, Federal Communications Commission (FCC), 1919 M 
   Street, Washington, DC 20554.
     Record access procedures: 
       Same as above.
     Contesting record procedures: 
       Same as above.
     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: 
       Computer Applications Division, Associate Managing Director, 
   Information Management, Office of Managing Director, Federal 
   Communications Commission (FCC), 1919 M Street, NW, 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 data base 
   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. The data 
   elements to be used by the FCC are: (a) The DOJ identification number 
   (ID) for the person denied Federal benefits; (b) the person's name; 
   (c) the person's zip code; and (d) the starting and ending date of 
   the denial of Federal benefits. All other data elements in the data 
   base will be immediately discarded.
       When there is a match of name and address from the data base with 
   the name and address of an application on file with the FCC, the FCC 
   will then obtain from DOJ additional data elements: (a) The person's 
   name and address; and (b) if also required by the FCC application, 
   the person's date of birth.
       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, as amended (47 U.S.C. 154(i) and 154(j).
   Purpose(s): 
       The records within the system will be used for the automated 
   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 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:
       1. The DOJ data base provided to the FCC, that portion of the 
   data base retained by the FCC for use in the automated system, the 
   automated match reports, and any copies of the confirmation report 
   that include the DOJ ID number will be routinely available for use or 
   inspection by appropriate FCC officials.
       2. 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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:
     Storage: 
       Records are maintained on a computer data base, as well as in 
   associated file folders.
     Retrievability: 
       Records are retrieved by applicant name, applicant zip code, 
   applicant address (in some instances) applicant date of birth (in 
   some instances) and the DOJ fee control number for the application.
     Safeguards: 
       The data provided to the FCC by DOJ will be protected from 
   tampering and unauthorized disclosure. The data base 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. 
   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 data base is stored requires use of a 
   unique user ID with personal identifier. The extracted data base is 
   stored in a separate file in that system, and a separate pass word is 
   require for entry to that file. The pass word is available to a 
   limited number of persons based strictly on a ``need to know'' basis. 
   The reports of any automated matches containing the DOJ ID number 
   will be made available only to the appropriate FCC officials.
     Retention and disposal: 
       The automated 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, an 
   automated match report will be randomly retained for a period of an 
   additional 90 to 120 days to provide a quality check of the 
   verification procedures.
       Where the verification process establishes that an automated 
   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 automated match reports that 
   are retained for quality control purposes will be retained until that 
   quality check is completed.
       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 referrred to above. If the 
   applicant 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:
       Managing Director, Office of Managing Director, FCC, 1919 M 
   Street, NW, Washington, DC 20554.
     Notification procedure: 
       Address inquiries to the System Manager.

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