Privacy Act of 1974; Publication of Notices of Systems of Records and Proposed New Routine Uses

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Privacy Act of 1974; Publication of Notices of Systems of Records

and Proposed New Routine Uses

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice; publication of notices of systems of records, and

proposed new routine uses.

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SUMMARY: This notice proposes new routine uses for two of the Equal

Employment Opportunity Commission's systems of records and proposes a

change to one routine use found in ten of its systems of records. This

action also makes non-substantive changes in the title of some system

managers or the name and address of the office in which systems are

located to reflect internal EEOC reorganizations. This notice

republishes EEOC's notices for its internal and Governmentwide systems

of records in one issue of the Federal Register so that an accurate and

complete text of the notices is available for use by individuals and by

agency Privacy Act officers.

DATES: The non-substantive changes are effective on March 9, 1994. The

proposed new and amended routine uses will become effective, without

further notice, on May 9, 1994, unless comments dictate otherwise.

ADDRESSES: Written comments may be sent to the Office of Executive

Secretariat, Equal Employment Opportunity Commission, room 10402, 1801

L Street, NW., Washington, DC 20507. Copies of this notice are

available in the following alternate formats: Large print, braille,

electronic file on computer disk, and audio-tape. Copies be obtained

from the Publications Center by calling 1-800-699-3362.

FOR FURTHER INFORMATION CONTACT:

Nicholas M. Inzeo, Associate Legal Counsel, Thomas J. Schlageter,

Assistant Legal Counsel or Kathleen Oram, Senior Attorney (202) 663-

4669 (voice) or (202) 663-7026 (TDD).

SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission

last published its systems notices in 1991. To be in conformance with

case law, the Commission is proposing to amend one of the routine uses

found in ten of its notices regarding disclosing information to comply

with a subpoena. As presently written, this routine use allows the

system manager to provide information when served with a subpoena, even

if the Government is not a party to the litigation or to the

administrative proceeding. In light of Doe v. Stephens, 851 F.2d 1457

(D.C. Cir. 1988) and Doe v. DiGenova, 779 F.2d 74 (D.C. Cir. 1985), the

Commission has decided that the issuance of a subpoena by itself no

longer qualifies as a valid routine use under subsection (b) of the

Privacy Act. Therefore, the Commission will no longer make disclosures

in response to a subpoena unless the Government is a party to the

judicial or administrative proceeding. In those situations where the

Government is not a party to the proceeding, records may be disclosed

if a judge has actually signed the subpoena. In those cases, the

disclosure will be made in accordance with subsection (b)(11) of the

Privacy Act.

Other changes in this notice are the deletion of two routine uses

and addition of two other routine uses to one system of records and the

addition of a routine use to another system of records.

A brief description of the major changes follows:

EEOC-1 Age and Equal Pay Act Discrimination Case Files. Routine

use ``f'' is amended as described above.

EEOC-3 Title VII and Americans With Disabilities Act

Discrimination Case Files. Routine use ``f'' is amended as described

above.

EEOC-5 Correspondence and Congressional Inquiries. Routine use

``b'' is amended as described above.

EEOC-7 Employee Pay and Leave Records. Routine use ``j'' is

amended as described above.

EEOC-8 Employee Travel and Reimbursement Records. Routine use

``f'' is amended as described above.

EEOC-9 Claims Collection Records. Routine uses ``k'' and ``l'' are

removed. The Commission received comments from the Internal Revenue

Service indicating that the disclosures permitted under them are overly

broad. After reviewing the routine uses, EEOC has determined that

routine uses ``k'' and ``l'' are not necessary. In addition, EEOC

proposes to add two new routine uses to this system to permit

disclosure of claims collection records to the Defense Manpower Data

Center, Department of Defense, and the United States Postal Service to

conduct computer matching programs to locate federal employees who owe

debts to the U.S. Government under EEOC programs.

EEOC-10 Grievance Records. Routine ``d'' is amended as described

above.

EEOC-11 Records of Adverse Actions Against Nonpreference Eligibles

in the Expected Service. Routine use ``f'' is amended as described

above.

EEOC-12 Telephone Call Detail Records. Routine use ``c'' is

amended as described above.

EEOC-13 Employee Identification Cards. Routine use ``c'' is

amended as describe above.

EEOC/GOVT-1 Equal Employment Opportunity in the Federal Complaint

and Appeal Records. Routine use ``b'' is amended as described above. In

addition, the Commission proposes to add a routine use permitting

disclosure of EEO complaint and appeal records in response to a request

for discovery or for appearance of a witness, when the requested

information is relevant to the subject matter involved in a pending

judicial or administrative proceeding. The Commission believes that the

addition of this routine use will facilitate resolution of

discrimination complaints in the Federal Government.

The proposed routine uses noted above meet the compatibility

criteria since the information involved is collected for the purpose of

the applicable routine uses. We anticipate that any disclosure pursuant

to these routine uses will not result in any unwarranted adverse

effects on personal privacy.

In addition to the changes noted above, the Commission has amended

several system notices to reflect current office names and has amended

appendix A to reflect current addresses of Commission offices.

A complete list of all EEOC systems of records is published below.

The complete text of the notices follows.

For the Commission.

Tony E. Gallegos,

Chairman.

EEOC Systems of Records

EEOC-1 Age and Equal Pay Act Discrimination Case Files.

EEOC-2 Attorney Referral List.

EEOC-3 Title VII and Americans with Disabilities Act

Discrimination Case Files.

EEOC-4 Biographical Files.

EEOC-5 Correspondence and Congressional Inquiries.

EEOC-6 Employee Assistance Program Records.

EEOC-7 Employee Pay and Leave Records.

EEOC-8 Employee Travel and Reimbursement Records.

EEOC-9 Claims Collection Records.

EEOC-10 Grievance Records.

EEOC-11 Records of Adverse Actions Against Nonpreference

Eligibles in the Excepted Service.

EEOC-12 Telephone Call Detail Records.

EEOC-13 Employee Identification Cards.

EEOC-14 Employee Parking Records.

EEOC/GOVT-1 Equal Employment Opportunity in the Federal

Government Complaint and Appeal Records.

EEOC-1

Age and Equal Pay Act Discrimination Case Files.

Field Office where the charge or complaint of discrimination was

filed (see appendix A).

Persons other than federal employees and applicants who file

charges or complaints with EEOC alleging that an employer, employment

agency or labor organization has violated the Age Discrimination in

Employment Act of 1967 or the Equal Pay Act of 1963.

This system contains the records compiled during the investigation

of age and equal pay discrimination cases. These records include:

a. Documents submitted by charging party or complainant such as

charge of discrimination, personal interview statement, and

correspondence.

b. Documents submitted by employer such as statement of position,

correspondence, statements of witnesses, documentary evidence such as

personnel files, records of earnings, employee benefit plans, seniority

list, job titles and descriptions, applicant data, organizational

charts, collective bargaining agreements, petition to revoke or modify

subpoena.

c. Records gathered and generated by EEOC in the course of its

investigation such as letters of referral to state fair employment

practices agencies, correspondence with state fair employment practices

agencies, witness statements, investigator's notes, investigative plan,

report of initial and exit interview, investigator's analyses of

evidence and charge, subpoenas, decisions and letters of determination,

conciliation agreements, correspondence and any additional evidence

gathered during the course of the investigation.

5 U.S.C. 301; 29 U.S.C. 209, 211, 216, 217, 635; 44 U.S.C. 3101.

These records and information in these records may be used:

a. To disclose pertinent information to a federal, state, or local

agency or third party as may be appropriate or necessary to perform the

Commission's functions under the Age Discrimination in Employment Act

or Equal Pay Act.

b. To disclose information contained in these records to state and

local agencies administering state or local fair employment practices

laws.

c. To disclose non-confidential and non-privileged information from

closed ADEA/EPA case files (a file is closed when the Commission has

terminated its investigation and has decided not to sue) to the

employer where a lawsuit has been filed against the employer involving

that information, to other employees of the same employer who have been

notified by the Commission of their right under 29 U.S.C. 216 to file a

lawsuit on their own behalf, and their representatives.

d. To provide information to a congressional office from the record

of an individual in response to an inquiry from the congressional

office made at the request of a party to the charge.

e. To disclose pertinent information to the appropriate federal,

state or local agency responsible for investigating, prosecuting,

enforcing or implementing a statute, rule, regulation or order, where

the EEOC becomes aware of an indication of a violation or potential

violation of civil or criminal law or regulation.

f. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

These records are maintained in file folders and in computer

processable storage media.

These records are cross-indexed by charging party name, employer

name and charge number. The records may be retrieved by any of the

above three indexes.

Paper records are maintained in a secured area to which only

authorized personnel have access. Access to and use of these records is

limited to those persons whose official duties require such access. The

premises are locked when authorized personnel are not on duty. Access

to computerized records is limited, through use of access codes and

entry logs, to those whose official duties require access.

Cases that are dismissed or closed for other than no cause are

destroyed six months following the date of dismissal or closure. No

cause files that are of value in the development of future class action

or pattern and practice cases are retired to the Federal Records Center

one year after the date of the last action and destroyed after three

additional years. All other no cause files are destroyed one year after

the date of the last action. Negotiated settlement files are destroyed

one year after the calendar year in which the settlement agreement is

signed or after all obligations under the agreement are satisfied,

whichever occurs later. Where monetary benefits are realized in

concurrent Age, Equal Pay, and Title VII cases, the file is destroyed

three years after the date of the last action. Other files are retired

to the Federal Records Center one year after the date of the last

action, including action in the federal courts or the last compliance

review (the final report submitted by the respondent after conciliation

to indicate compliance) and destroyed after three additional years,

except landmark cases. Landmark cases are transferred to the nearest

Federal Records Center two years after final court action and offered

to the National Archives ten years after final court action.

Director of the field office where the charge was filed (see

appendix A).

This system is exempt under 5 U.S.C. 552a(k)(2) from subsections

(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the

Act.

EEOC-2

Attorney Referral List.

All District Offices (see appendix A).

Attorneys who represent plaintiffs in employment discrimination

litigation.

This system contains attorneys' names, business addresses and

telephone numbers, the nature and amount of civil rights litigation

experience, state and federal bar admission, whether the attorneys have

the capacity and desire to handle class actions; whether the attorneys

charge consultation fees (and how much); whether the attorneys will

waive the consultation fee; the types of fee arrangements the attorneys

will accept, and whether the attorneys speak a foreign language

fluently.

42 U.S.C. 2000e-4(g); 44 U.S.C. 3101.

These records and information in these records may be used:

a. To refer charging parties to attorneys who handle litigation of

employment discrimination lawsuits.

b. To provide information to a congressional office from the record

of an individual in response to an inquiry from the congressional

office made at the request of the individual.

Stored on prepared forms and index cards.

Indexed alphabetically by names of the attorneys.

Access to this system of records is restricted to EEOC personnel

who have a legitimate use for the information. This system is stored in

filing cabinets.

Files are reviewed and updated annually.

Regional Attorney at each District Office (see appendix A).

Inquiries concerning this system of records should be addressed to

the appropriate system manager. It is necessary to furnish the

following information: (1) Full name of the individual whose records

are requested; (2) mailing address to which reply should be sent.

Same as above.

Same as above.

The individual on whom the record is maintained.

EEOC-3

Title VII and Americans With Disabilities Act Discrimination Case

Files.

Field Office where the charge of discrimination was filed (see

appendix A).

Persons, other than federal employees and applicants, who file

charges alleging that an employer, employment agency, labor

organization or joint labor-management apprenticeship committee has

violated Title VII of the Civil Rights Act of 1964 or the Americans

With Disabilities Act of 1990, or both.

This system contains records compiled during the investigation of

race, color, religion, sex, and national origin discrimination cases

and cases of discrimination against individuals with disabilities.

These records include:

a. Documents submitted by charging party, such as charge of

discrimination, personal interview statement, medical records and

correspondence.

b. Documents submitted by employer such as statement of position,

correspondence, statements of witnesses, documentary evidence such as

personnel files, records of earnings, EEO data, employee benefit plans,

seniority list, job titles and descriptions, applicant data,

organizational charges, collective bargaining agreements, petition to

revoke or modify subpoena.

c. Records gathered and generated by EEOC in the course of its

investigation such as letters to state or local fair employment

practice agencies, correspondence with state fair employment practice

agencies, witness statements, investigator's notes, investigative plan,

investigator's analyses of the evidence and charge, report of initial

and exit interviews, copy of deferral to state, subpoenas, decisions

and letters of determination, analysis of deferral agency action,

conciliation agreements, correspondence and any additional evidence

gathered during the course of the investigation.

5 U.S.C. 301; 42 U.S.C. 2000e-5, -8 and -9; 42 U.S.C. 12117; 44

U.S.C. 3101.

These records and information in these records may be used:

a. To disclose pertinent information to a federal, state, or local

agency or third party as may be appropriate or necessary to perform the

Commission's functions under Title VII of the Civil Rights Act of 1964

and the Americans With Disabilities Act of 1990.

b. To disclose information contained in these records to state and

local agencies administering state or local fair employment practices

laws.

c. To disclose non-confidential or non-privileged information

contained in these records to the following persons after a notice of

right to sue has been issued:

1. Aggrieved persons and their attorneys in case files involving

Commissioner Charges provided that such persons have been notified of

their status as aggrieved persons;

2. Persons or organizations filing on behalf of an aggrieved person

provided that the aggrieved person has given written authorization to

the person who filed on his or her behalf to act as the aggrieved

person's agent for this purpose, and their attorneys;

3. Employers and their attorneys, provided that the charging party

or aggrieved person has filed suit under Title VII or the Americans

With Disabilities Act, or both.

d. To provide information to a congressional office from the record

of an individual in response to an inquiry from the congressional

office made at the request of the individual.

e. To disclose pertinent information to the appropriate federal,

state or local agencies responsible for investigating, prosecuting,

enforcing or implementing a statute, rule, regulation or order, where

EEOC becomes aware of an indication of a violation or potential

violation of civil or criminal law or regulation.

f. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

These records are maintained in file folders and in computer

processable storage media.

These records are cross-indexed by charging party name, employer

name and charge number. The records may be retrieved by any of the

above three indexes.

Paper records are maintained in a secured area to which only

authorized personnel have access. Access to and use of these records is

limited to those persons whose official duties require such access. The

premises are locked when authorized personnel are not on duty. Access

to computerized records is limited, through use of access codes and

entry logs, to those whose official duties require access.

Cases that are dismissed or closed for other than no cause are

destroyed six months following the date of dismissal or closure. No

cause files that are of value in the development of future class action

or pattern and practice cases are retired to the Federal Records Center

one year after the date of the last action and destroyed after three

additional years. All other no cause files are destroyed one year after

the date of the last action. Negotiated settlement files are destroyed

one year after the calendar year in which the settlement agreement is

signed or after all obligations under the agreement are satisfied,

whichever occurs later. Where monetary benefits are realized in

concurrent Age, Equal Pay, Title VII and Americans With Disabilities

Act cases, the file is destroyed three years after the date of the last

action. Other files are retired to the Federal Records Center one year

after the date of the last action, including action in the federal

courts or the last compliance review (the final report submitted by the

respondent after conciliation to indicate compliance) and destroyed

after three additional years, except landmark cases. Landmark cases are

transferred to the nearest Federal Records Center two years after final

court action and offered to the National Archives ten years after final

court action.

Director of the field office where the charge was filed.

This system is exempt under 5 U.S.C. 552a(k)(2) from subsection

(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) of the

Act.

EEOC-4

Biographical Files.

Office of Communications and Legislative Affairs, Equal Employment

Opportunity Commission, 1801 L Street, NW., Washington, DC 20507.

Current and former Commissioners, General Counsels and Commission

officials.

Includes for each the name, date and place of birth, education,

employment history, and other biographical information.

44 U.S.C. 3101, 42 U.S.C. 2000e-4.

These records and information in these records may be used.

a. To answer public and congressional inquiries regarding EEOC

Commissioners, General Counsels and Commission officials.

Stored in locking metal file cabinets available to office

employees.

Indexed by last name of the Commissioner, General Counsel or

Commission official.

Files are kept in the Office of Communications and Legislative

Affairs, which is locked evenings, weekends and holidays.

Maintained permanently.

Director, Office of Communications and Legislative Affairs, Equal

Employment Opportunity Commission, 1801 L Street, NW., Washington, DC

20507.

Inquiries concerning this system of records should be addressed to

the system manager. All inquiries should furnish the full name of the

individual and the mailing address to which the reply should be mailed.

Same as above.

Same as above.

The individual to whom the record pertains.

EEOC-5

Correspondence and Congressional Inquiries.

Office of Communications and Legislative Affairs, Equal Employment

Opportunity Commission, 1801 L Street, NW., Washington, DC 20507.

Charging parties, members of the general public, members of

Congress and current and former EEOC employees who write letters to

EEOC seeking information or assistance whose inquiries are referred to

the Office of Communications and Legislative Affairs for response.

a. Inquiries from Members of Congress, the White House and members

of the general public, including current and former EEOC employees.

b. EEOC responses to the above inquiries.

c. Computer tracking system indicating the dates inquiries are

received, to whom and when they are assigned for response and the dates

they are answered.

44 U.S.C. 3101; 42 U.S.C. 2000e-4.

These records and information in these records may be used:

a. To provide information to a congressional office from the record

of an individual in response to an inquiry from the congressional

office at the request of the individual.

b. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

The records are maintained in file cabinets and on computer tape.

Correspondence from members of Congress is indexed alphabetically

by the last name of the member. General correspondence are indexed

alphabetically by the last name of the individual making the inquiry or

on whose behalf the inquiry is made. Computer entries are retrievable

by name of author of a letter, by name of person or office referring

letter to the Office of Communications and Legislative Affairs, by

subject, by key word, by reference number, by name of person to whom

assigned, and by dates assigned, due and answered.

Files are kept in locking metal cabinets in the Office of

Communications and Legislative Affairs, which is locked evenings,

weekends and holidays. Computer information is coded with access

limited to employees of the Office of Communications and Legislative

Affairs and the Office of Information Systems Services.

Correspondence is maintained for three years from the date of the

last correspondence and then destroyed. Correspondence control

information is maintained in the computer for four years.

Director, Office of Communications and Legislative Affairs, Equal

Employment Opportunity Commission, 1801 L Street, NW., Washington, DC

20507.

Inquiries concerning this system of records should be addressed to

the system manager. All inquiries should furnish the full name of the

individual and the mailing address to which the reply should be mailed.

Same as above.

Same as above.

Members of Congress, their staffs, the White House, charging

parties, members of the general public, current and former EEOC

employees.

EEOC-6

Employee Assistance Program Records.

Employee Assistance Program contractor.

Current EEOC employees who have been referred to or contacted the

Employee Assistance Program because of personal problems, emotional

problems, or alcohol or drug abuse.

May contain information relating to individuals counseled by the

Employee Assistance Program including supervisor's referral (if the

employee was referred by the supervisor), documentation of visits to

employee counselors (federal, state, local government, or private), and

notes or records made by the counselor of discussions held with the

employee or with the physician, therapist or health care professional

of the employee. In addition, records in this system may include

documentation of treatment by a therapist at a federal, state, local

government, or private institution, summary information produced at

case closure, and other documents deemed pertinent to the provision of

program services to the employee.

42 U.S.C. 290dd-1 and -3; 290ee-1 and -3; 5 U.S.C. 7901; 44 U.S.C.

3101.

These records and information in these records may be used:

a. To disclose information to authorized personnel of the

contractor that administers the EEOC Employee Assistance Program.

b. To disclose information to medical personnel to meet a bona fide

medical emergency.

c. To disclose information to qualified personnel for the purpose

of conducting scientific research, management audits, financial audits,

or program evaluation, but such personnel may not identify, directly or

indirectly, any individual patient in any report or otherwise disclose

patient identities in any manner (when such records are provided to

qualified researchers employed by the Commission, all patient

identifying information shall be removed).

Note: Disclosure of these records beyond officials of the

Commission having a bona fide need for them or to the person to whom

they pertain is rarely made because disclosures of information

pertaining to an individual with a history of alcohol or drug abuse

must be limited to comply with the restrictions of the regulations

regarding the Confidentiality of Alcohol and Drug Abuse Patient

Records, 42 CFR part 2, as authorized by 42 U.S.C. 290dd-3 and

290ee-3. Records pertaining to the physical and mental fitness of

employees are, as a matter of Commission policy, afforded the same

degree of confidentiality and are generally not disclosed.

Maintained in file folders.

Indexed by name of employee.

Files are maintained in locked cabinets accessible only to Employee

Assistance Program personnel.

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.

Administrator, Employee Assistance Program, Office of Management,

Equal Employment Opportunity Commission, 1801 L Street NW., Washington,

DC 20507; Field Office Directors (see appendix A).

Any person wanting to know whether this system of records contains

information about him or her should contact the appropriate system

manager. Such person should provide his or her full name, date of

birth, and social security number.

Same as above.

Same as above.

The sources of these records are:

a. The employee or members of the employee's family;

b. Persons to whom the employee has been referred for assistance;

c. Commission officers and employees;

d. Program counselors.

EEOC-7

Employee Pay and Leave Records.

All locations listed in appendix A.

Current and former employees of EEOC.

Time and attendance cards and forms; leave records (includes

employee name, branch or office, pay period ending, leave and overtime

used during the pay period); requests for leave (earned or advanced) or

leave of absence; requests for an authorization of overtime; annual

attendance record (indicates name, social security number, service

computation date, hours and dates worked and taken as leave, pay plan,

salary and occupation code, grade, leave earned and used); thrift

savings plan participation, deductions for medicare, FICA, taxes, life

and health insurance, union contributions, charitable contributions,

savings allotments and bond issuance and bond balance.

5 U.S.C. 301; 44 U.S.C. 3101.

These records and information in these records may be used:

a. To provide information to a congressional office from the record

of an individual in response to an inquiry from the congressional

office made at the request of the individual.

b. To provide a copy of an employee's Department of the Treasury

Form W-2, Wage and Tax Statement, to the state, city or other local

jurisdiction which is authorized to tax the employee's compensation.

The record will be provided in accordance with a withholding agreement

between the state, city or other jurisdiction and the Department of the

Treasury pursuant to 5 U.S.C. 5516, 5517, or 5520, or in response to a

written request from an appropriate official of the taxing

jurisdiction. The request must include a copy of the applicable statute

or ordinance authorizing the taxation of compensation and should

indicate whether the authority of the jurisdiction to tax their

employee is based on place of residence, place of employment, or both.

c. To disclose copies of executed city tax withholding certificates

to a city pursuant to a withholding agreement between the city and the

Department of the Treasury (5 U.S.C. 5520) in response to a written

request from an appropriate city official.

d. To disclose the social security number only, in the absence of a

withholding agreement, to a taxing jurisdiction that has furnished this

agency with evidence of its independent authority to compel disclosure

of the social security number, in accordance with section 7 of the

Privacy Act, 5 U.S.C. 552a note.

e. To disclose pertinent information to the appropriate federal,

state, or local agency responsible for investigating, prosecuting,

enforcing, or implementing a statute, rule, regulation, or order, where

EEOC becomes aware of an indication of a violation or potential

violation of civil or criminal law or regulation.

f. To disclose to an agency in the executive, legislative or

judicial branch or the District of Columbia's Government information in

connection with the hiring 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, the

issuance of a license, grant, or other benefits by the requesting

agency, or the lawful statutory, administrative, or investigative

purpose of the agency to the extent that the information is relevant

and necessary to the requesting agency's decision.

g. To disclose to an authorized appeal grievance examiner, formal

complaints examiner, administrative judge, equal employment opportunity

investigator, arbitrator or other duly authorized official engaged in

investigation or settlement of a grievance, complaint or appeal filed

by an employee.

h. To disclose to the Office of Personnel Management in accordance

with the agency's responsibility for evaluation and oversight of

Federal personnel management.

i. To disclose officers and employees of the General Services

Administration in connection with administrative services provided to

this agency under agreement with GSA.

j. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

Disclosures may be made from this system 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)).

Stored on magnetic tape and in file folders.

Indexed by an assigned employee code.

Access to these records is limited to employees whose official

duties require such access.

The records are destroyed after three years.

Director of each Commission Office (See Appendix A).

Inquiries concerning this system of records should be addressed to

the system manager. It is necessary to furnish the following

information: (1) Name; (2) social security number; (3) mailing address

to which the response is to be sent.

Same as above.

Same as above.

Official personnel folder, data submitted by employees and data

submitted by the offices where the individuals are or were employed.

EEOC-8

Employee Travel and Reimbursement Records.

All locations listed in appendix A.

Current and former employees.

Includes travel orders, travel vouchers, records of travel

advances, amounts owed the agency by employees for travel and other

purposes, amounts payable to the employee for travel and other

purposes, payments made to the employees for travel and other

reimbursable transactions and a record of the difference between the

cost of official travel as estimated in the travel order and the amount

actually expended by the employee.

31 U.S.C. 3512, 44 U.S.C. 3101.

These records and information in these records may be used:

a. To disclose pertinent information to the appropriate Federal,

State, or local agency responsible for investigating, prosecuting,

enforcing, or implementing a statute, rule, regulation, or order, where

EEOC becomes aware of an indication of a violation or potential

violation of civil or criminal law or regulation.

b. To disclose to an agency in the executive, legislative or

judicial branch or the District of Columbia's Government, information

in connection with the hiring 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, the issuance of a license, grant, or other benefits by the

requesting agency, or the lawful statutory, administrative, or

investigative purpose of the agency to the extent that the information

is relevant and necessary to the requesting agency's decision.

c. To disclose to an authorized appeal grievance examiner, formal

complaints examiner, administrative judge, equal employment opportunity

investigator, arbitrator or other duly authorized official engaged in

investigation or settlement of a grievance, complaint or appeal filed

by an employee.

d. To disclose to the Office of Personnel Management in accordance

with the agency's responsibility for evaluation and oversight of

Federal personnel management.

e. To disclose to officers and employees of the General Services

Administration in connection with administrative services provided to

this agency under agreement with GSA.

f. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

g. To provide information to a congressional office from the record

of an individual in response to an inquiry from the congressional

office made at the request of the individual.

Disclosures may be made from this system 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)).

Stored on prepared forms.

Indexed alphabetically by name, social security number, and/or

chronologically by event and name.

Access to and use of these records are limited to those persons

whose official duties require such access. Personnel screening is

employed to prevent unauthorized disclosure. Files are stored in

standard cabinets, safes and secured rooms.

These records are destroyed in accordance with GSA General Records

Schedule 2.

Director, Financial Management Division, Financial and Resource

Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507.

Employees of the Commission wishing to know whether information

about them is maintained in this system of records should address

inquiries to the Director of the Office where employed (see appendix

A). The individual should provide his or her full name, date of birth,

social security number and mailing address.

Same as above.

Same as above.

Bills, receipts and claims presented by employees and original data

generated by the Commission.

EEOC-9

Claims Collection Records.

These records are located in the Finance Management Division,

Financial and Resource Management Services, Office of Management, Equal

Employment Opportunity Commission, 1801 L Street NW., Washington, DC

20507.

Any individual who is indebted to the United States as a result of

his or her interaction or financial activities with the Commission or

another federal agency including, but not limited to, any current or

former Commission employee.

This system contains:

a. Case Files. These files contain information and evidence on the

identity and location of the individual who is subject to a claim, the

origin and amount of the indebtedness, decisions and determinations

regarding a claim, actions taken to collect a claim, and the results of

those actions. Depending on the status of a claim, a case file may

include such records as documents evidencing indebtedness, written

demands for payment, required notices, financial statements, medical

disability statements, agency investigative reports, credit reports,

written agreements for payment, intra-agency and inter-agency memoranda

of consultation and opinion on the collection action, documentation

resulting from a hearing, requests for waiver, requests for

reconsideration, written determinations and decisions, certifications

of indebtedness by this or another agency, counterclaims, judgments and

documents evidencing payment or compromise of the debt.

b. Internal Revenue Service (IRS) Mailing Address Index. Consists

of cards containing the name or other identifying information on the

individual for whom mailing address information has been requested and

received from the IRS, the date on which this information was received

from the IRS, and the purpose to which the information has been put.

c. Index on Disclosures to Consumer Reporting Agencies. Records

containing the name and other identifying information on the individual

whose delinquent debt has been reported to consumer reporting agencies,

i.e., credit bureaus, and the kind and type of information reported.

5 U.S.C. 301, 5514, 5522, 5584, 5705, 5724(f); 15 U.S.C. 1692; 26

U.S.C. 6331; 31 U.S.C. 3701, 3702, 3711, 3716, 3717, 3718, 3719; 44

U.S.C. 3101; 4 CFR parts 91-93, 101-105.

These records and information in these records may be used:

a. To disclose information to appropriate officials and employees

of the Department of Justice for the purposes of litigation and forced

collection on administratively uncollected debts.

b. To disclose information to appropriate officials of the

Department of the Treasury and the Office of Management and Budget to

provide reports on debt collection activities.

c. To disclose information to another federal agency for the

purpose of collecting a debt owed to the Commission by an individual

through salary offset or administrative offset undertaken by the other

agency upon proper certification or evidence of the debt owed from the

Commission.

d. To disclose information to another federal agency for the

purpose of collecting a debt owed to that agency by an individual

through salary offset or administrative offset undertaken by the

Commission upon proper certification or evidence of the debt owed from

the other agency.

e. To disclose a debtor's name and social security number to the

Secretary of the Treasury or his or her designee for the purpose of

obtaining the debtor's mailing address from the IRS.

f. To disclose mailing addresses obtained from the IRS to consumer

reporting agencies only for the limited purpose of obtaining a

commercial credit report on the particular taxpayer.

g. To provide information to a congressional office from the record

of an individual in response to an inquiry from the congressional

office made at the request of the individual.

h. To disclose pertinent information to the appropriate federal,

state, or local agency responsible for investigating, prosecuting,

enforcing, or implementing a statute, rule, regulation, or order, where

EEOC becomes aware of an indication of a violation or potential

violation of civil or criminal law or regulation.

i. To disclose to an agency in the executive, legislative or

judicial branch or the District of Columbia's government in response to

its request, or at the initiation of the agency maintaining the

records, information in connection with the hiring 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, the issuance of a license, grant, or other

benefits by the requesting agency, or the lawful statutory,

administrative, or investigative purpose of the agency to the extent

that the information is relevant and necessary to the requesting

agency's decision.

j. To disclose to officers and employees of the General Services

Administration in connection with administrative services provided to

this agency under agreement with GSA.

k. To disclose information to the Defense Manpower Data Center,

Department of Defense, to secure computer matching services for the

purpose of identifying and locating individuals who are receiving

federal salaries or benefit payments and are delinquent in their

repayment of debts owed to the U.S. government under programs

administered by the Equal Employment Opportunity Commission in order to

collect the debts under the provisions of the Debt Collection Act of

1982 (Pub. L. 97-365) by voluntary repayment, or administrative or

salary offset procedures.

l. To disclose information to the U.S. Postal Service to secure

computer matching services for the purpose of identifying and locating

individuals who are receiving federal salaries or benefit payments and

are delinquent in their repayment of debts owed to the U.S. government

under programs administered by the Equal Employment Opportunity

Commission in order to collect the debts under the voluntary provisions

of the Debt Collection Act of 1982 (Pub. L. No. 97-365) by voluntary

repayment, or by administrative or salary offset procedures.

Disclosures may be made from this system 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)).

These records are maintained in file folders and on microfiche and

index cards.

These records are indexed by the name of the individual and social

security number. The records may be retrieved by either of these

indexes.

Records are maintained and stored in file cabinets in a secured

area to which only authorized personnel have access. Access to and use

of these records is limited to those persons whose official duties

require such assess and to those persons indicated in the listing of

routine uses above.

Individual case files are usually retained for two years after the

claim is collected. Case records on individuals whose delinquent debts

are reported to consumer reporting agencies are retained indefinitely.

Other case files may be maintained for a period up to ten years. IRS

Mailing Address Index on any individual is not maintained beyond six

years.

Director, Financial Management and Resource Services, Equal

Employment Opportunity Commission, 1801 L Street, NW., Washington, DC

20507.

Under the Debt Collection Act, individuals are notified if claims

collection records are maintained on them in accordance with statutory

procedures for salary offset, administrative offset, and disclosing

information to a consumer reporting agency. Individuals may also

contact the System Manager in order to obtain notification of claims

collection records on themselves.

Individuals must provide their full names under which records may

be maintained, their social security number, and a mailing address to

which a reply should be sent.

Same as above.

Same as above.

Information in this system of records is provided by or from:

a. The individual on whom the record is maintained;

b. Other Federal agencies;

c. Personnel, payroll, travel records, contract records or other

records;

d. Administrative hearings;

e. Court records;

f. Consumer reporting agencies.

EEOC-10

Grievance Records.

These records are located in Human Resources Management Services,

Office of Management, Equal Employment Opportunity Commission, 1801 L

Street, NW., Washington, DC 20507 and in other headquarter offices and

field offices where the grievances were filed (see appendix A).

Current or former EEOC employees who have submitted grievances to

the EEOC in accordance with part 771 of the regulations of the Office

of Personnel Management (OPM) (5 CFR part 771) and EEOC Order No.

570.003, or a negotiated procedure.

The system contains all documents related to the grievance,

including statements of witnesses, reports of interviews and hearings,

examiners' findings and recommendations, a copy of the original and

final decision, and related correspondence and exhibits. This system

includes files and records of internal grievance and arbitration

systems that EEOC has or may establish through negotiations with

recognized labor organizations.

5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C. 7121.

These records and information in these records may be used:

a. To disclose information to any source from which additional

information is requested in the course of processing a grievance, to

the extent necessary to identify the individual, inform the source of

the purpose(s) of the request and identify the type of information

requested.

b. To disclose pertinent information to the appropriate federal,

state, or local agency responsible for investigating, prosecuting,

enforcing, or implementing a statute, rule, regulation, or order, where

EEOC becomes aware of an indication of a violation or potential

violation of civil or criminal law or regulation.

c. To disclose to an agency in the executive, legislative or

judicial branch or the District of Columbia's government, information

in connection with the hiring 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, the issuance of a license, grant, or other benefits by the

requesting agency, or the lawful statutory, administrative, or

investigative purpose of the agency to the extent that the information

is relevant and necessary to the requesting agency's decision.

d. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

e. To provide information to a congressional office from the record

of an individual in response to an inquiry from that congressional

office made at the request of that individual.

f. To disclose to an authorized appeal grievance examiner, formal

complaints examiner, administrative judge, equal employment opportunity

investigator, arbitrator or other duly authorized official engaged in

investigation or settlement of a grievance, complaint or appeal filed

by an employee.

g. To disclose in response to a request for discovery or for

appearance of a witness, information that is relevant to the subject

matter involved in a pending judicial or administrative proceeding.

h. To provide information to officials of labor organizations

recognized under the Civil Service Reform Act when relevant and

necessary to their duties of exclusive representation concerning

personnel policies, practices and matters effecting work conditions.

These records are maintained in file folders.

These records are retrieved by the names of the individuals on whom

they are maintained.

These records are maintained in lockable metal filing cabinets to

which only authorized personnel have access.

These records are shredded or burned 3 years after closing the

case.

If the grievance is pending at or was never raised beyond the

office level, the system manager is the head of the office. (See

appendix A.) In all other situations, the system manager is the

Director, Employee and Labor Management Relations Division, Office of

Management, EEOC, 1801 L Street, NW., Washington, DC 20507.

It is required that individuals submitting grievances be provided a

copy of the record under the grievance process. They may, however,

contact the agency personnel or designated office where the action was

processed regarding the existence of such records on them. They must

furnish the following information for their records to be located and

identified: (a) Name; (b) approximate date of closing of the case and

kind of action taken; (c) organizational component involved.

Same as above.

Same as above.

Information in this system of records is provided:

a. By the individual on whom the record is maintained;

b. By testimony of witnesses;

c. By agency officials;

d. From related correspondence from organizations or persons.

EEOC-11

Records of Adverse Actions Against Nonpreference Eligibles in the

Excepted Service.

These records are located in Human Resources Management Services,

Equal Employment Opportunity Commission, 1801 L Street, NW.,

Washington, DC 20507 or in the headquarters and field offices in which

the actions have been taken.

Current or former nonpreference eligible, excepted service Equal

Employment Opportunity Commission (EEOC) employees against whom an

adverse action has been proposed or taken and who have not completed

two years of current and continuous service in the same or similar

positions, (This system covers only those adverse action files not

covered by OPM/GOVT-3.)

This system contains records and documents on the processing of

adverse actions for employees who are nonpreference eligibles in the

excepted service and who do not have two years of continuous service in

their positions. The records include copies of the notice of proposed

action, materials relied on by the agency to support the reasons in the

notice, replies by the employee, statements of witnesses, reports, and

agency decisions.

44 U.S.C. 3101.

These records and information in records may be used:

a. To provide information 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 work conditions.

b. To disclose pertinent information to the appropriate federal,

state, or local agency responsible for investigating, prosecuting,

enforcing, or implementing a statute, rule, regulation, or order, when

the EEOC becomes aware of an indication of a violation or potential

violation of civil or criminal law or regulation.

c. To disclose information to any source from which additional

information is requested for processing any of the covered actions or

in regard to any appeal or administrative review procedure, to the

extent necessary to identify the individual, inform the source of the

purpose(s) of the request, and identify the type of information

requested.

d. To disclose information 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 matter.

e. To provide information to a congressional office from the record

of an individual in response to an inquiry from that congressional

office made at the request of that individual.

f. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

g. To disclose, in response to a request for discovery or for

appearance of a witness, information that is relevant to the subject

matter involved in a pending judicial or administrative proceeding.

h. To disclose to an authorized appeal grievance examiner, formal

complaints examiner, administrative judge, equal employment opportunity

investigator, arbitrator or other duly authorized official engaged in

investigation or settlement of a grievance, complaint or appeal filed

by an employee.

These records are maintained in file folders.

These records are retrieved by the names or social security number

of the individuals on whom they are maintained.

These records are maintained in locked metal filing cabinets to

which only authorized personnel have access.

Records documenting an adverse action are disposed of 4 years after

the closing of the case.

Director, Employee and Labor Relations Division, Office of

Management, and Directors of Field Offices (see appendix A).

Individuals receiving notice of a proposed action are provided

access to all documents supporting the notice. They may also contact

the personnel office where the action was proposed regarding the

existence of such records on them. They must furnish the following

information for their records to be located and identified:

a. Name

b. Approximate date of closing of case and kind of action taken

c. Organizational component involved.

Same as above.

Same as above.

Information in this system of records is provided:

a. By the individual on whom the record is maintained;

b. By witnesses;

c. By agency officials.

EEOC-12

Telephone Call Detail Records.

Resource Management Division of Financial and Resource Management

Services, Office of Management, EEOC, 1801 L Street, NW., Washington,

DC 20507, and each field office listed in appendix A.

Individuals (generally EEOC employees) who make long distance

telephone calls from EEOC telephones and individuals who received

telephone calls placed from or charged to EEOC telephones.

Records relating to the use of EEOC telephones to place long

distance calls; records indicating the assignment of telephone numbers

to employees; records relating to the location of telephones.

44 U.S.C. 3101.

These records and information from these records may be used:

a. To provide information to a congressional office from the record

of an individual in response to an inquiry from that congressional

office made at the request of that individual.

b. To disclose 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.

c. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

d. To disclose pertinent information to the appropriate Federal,

State, or local agency responsible for investigating, prosecuting,

enforcing or implementing a statute, rule, regulation or order, where

the disclosing agency becomes aware of an indication of a violation or

potential violation of civil or criminal law or regulation.

e. To disclose to an agency in the executive, legislative or

judicial branch or the District of Columbia's government in response to

its request, or at the initiation of the EEOC, information in

connection with the hiring 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, the

issuance of a license, grant or other benefits by the requesting

agency, or the lawful statutory, administrative, or investigative

purpose of the agency to the extent that the information is relevant

and necessary to the requesting agency's decision.

f. To disclose to a telecommunications company providing

telecommunications support to permit servicing the account.

These records are maintained in file folders and on computer tape

and printouts.

Records are retrieved by employee name or identification number, by

name of recipient of telephone call, by telephone number.

Records are maintained and stored in file cabinets in a secured

area to which only authorized personnel have access. Access to and use

of the records are limited to those persons whose official duties

require such access.

Records are disposed of as provided in the National Archives and

Records Administration's General Records Schedule 12.

Director, Resource Management Division, Financial and Resource

Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507 and

the Directors of the field offices listed in appendix A.

Inquiries concerning this system of records should be addressed to

the system manager. It is necessary to provide the following

information: (1) Name; (2) social security number; (3) telephone number

(office number if Commission employee); (4) mailing address to which

response is to be sent.

Same as above.

Same as above.

Telephone assignment records; call detail listings; results of

administrative inquiries relating to assignment of responsibilities for

placement of specific long distance calls.

EEOC-13

Employee Identification Cards.

Resource Management Division, Financial and Resource Management

Services, Office of Management, EEOC, 1801 L Street, NW., Washington,

DC 20507 and each of the field offices in appendix A.

Current EEOC employees.

Identification cards that include name, signature, social security

number, date of issue and photograph, and list of all persons who

possess current identification cards. In addition, for Headquarters

staff, numbered proximity cards and list of all persons with their

assigned proximity card numbers, all doors controlled by the proximity

cards and all persons permitted access to each door.

44 U.S.C. 3101; 41 CFR 101-20.3.

These records and information from these records may be used:

a. To provide information to a congressional office from the record

of an individual in response to an inquiry from that congressional

office made at the request of that individual.

b. To disclose to other government agencies and to the public

whether an individual is a current employee of the EEOC.

c. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

d. To disclose pertinent information to the appropriate federal,

state, or local agency responsible for investigating, prosecuting,

enforcing or implementing a statute, rule, regulation or order, where

the disclosing agency becomes aware of an indication of a violation or

potential violation of civil or criminal law or regulation.

These records are maintained in file folders and on computer tape

and printouts at EEOC headquarters and on the premises of the

contractor responsible for monitoring the system.

Records are retrieved by employee name, by identification number,

and , for Headquarters staff, by proximity card number.

Records are maintained and stored in file cabinets in a secured

area to which only authorized personnel have access. Access to and use

of the records are limited to those persons whose official duties

require such access.

Records are destroyed upon termination of employment relationship.

Director, Resource Management Division, Financial and Resource

Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507 and

the Directors of the field offices listed in appendix A.

Inquiries concerning this system of records should be addressed to

the system manager. It is necessary to provide the following

information: (1) Name; (2) social security number; (3) mailing address

to which response is to be sent.

Same as above.

Same as above.

Information contained in this system is obtained from the employee

and, for Headquarters staff, from his or her use of the assigned

proximity card.

EEOC-14

Employee Parking Records.

Resource Management Division, Financial and Resource Management

Services, Office of Management, EEOC, 1801 L Street, NW., Washington DC

20507.

EEOC employees who apply for or have been assigned parking spaces

in the Headquarters building and members of their car pools.

Application for parking space form and addendum form for members of

car pools containing employee name, office, home address and telephone

number, office, home address and telephone number, office telephone

number, description of vehicle, signature and date, and list of

employees with their assigned spaces.

5 U.S.C. 301; 44 U.S.C. 3101; 41 C.F.R. 101-20.1.

These records and information from these records may be used:

a. To provide information to a congressional office from the record

of an individual in response to an inquiry from that congressional

office made at the request of that individual.

b. To disclose information in response to a request for discovery

or for the appearance of a witness, to the extent that the information

disclosed is relevant to the subject matter involved in the pending

judicial or administrative proceeding.

c. To disclose information in a proceeding before a court or

adjudicative body to the extent the information is relevant and

necessary to the proceeding.

d. To disclose pertinent information to the appropriate Federal,

State, or local agency responsible for investigating, prosecuting,

enforcing or implementing a statute, rule, regulation or order, where

the disclosing agency becomes aware of an indication of a violation or

potential violation of civil or criminal law or regulation.

These records are maintained in file folders and on computer tape

and printouts.

Records are retrieved by employee name.

Records are maintained and stored in file cabinets in a secured

area to which only authorized personnel have access. Access to and use

of the records are limited to those persons whose official duties

require such access.

Records are disposed of upon termination of employment relationship

or earlier release of assigned parking space.

Director, Resource Management Division, Financial and Resource

Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507.

Inquiries concerning this system of records should be addressed to

the system manager. It is necessary to provide the following

information: (1) Name; (2) assigned parking space number or approximate

data of application; (3) mailing address to which response is to be

sent.

Same as above.

Same as above.

Information contained in this system is obtained from the employee.

None.

EEOC/GOVT-1

Equal Employment Opportunity in the Federal Government Complaint

and Appeal Records.

Equal employment opportunity complaint files are maintained in an

Office of Equal Employment Opportunity or other designated office of

the agency or department where the complaint was filed. EEO Appeal

files (including appeals from final negotiated grievance decisions

involving allegations of discrimination) and petitions for review of

decisions of the Merit Systems Protection Board are maintained in the

Office of Federal Operations, Equal Employment Opportunity Commission,

Washington, DC 20507 and in EEOC field offices (see appendix A).

Applicants for federal employment and current and former federal

employees who contact an EEO counselor or who file complaints of

discrimination or reprisal with their agency, or who file appeals on

EEO complaints, petitions for review of decisions of the Merit Systems

Protection Board, or appeals of final decisions in negotiated grievance

actions involving allegations of discrimination.

This system of records contains information or documents compiled

during the pre-complaint counseling and the investigation of complaints

filed under section 717 of Title VII, section 15 of the Age

Discrimination in Employment Act, section 501 of the Rehabilitation

Act, and the Equal Pay Act and all appeals.

42 U.S.C. 2000e-16 (b) and (c); 29 U.S.C. 204(f) and 206(d); 29

U.S.C. 633(a); 29 U.S.C. 791; Reorg. Plan No. 1 of 1978, 43 FR 19607

(May 9, 1978); Exec. Order No. 12106, 44 FR 1053 (Jan. 3, 1979).

These records and information in these records may be used:

a. To disclose pertinent information to the appropriate federal,

state, or local agency responsible for investigating, prosecuting,

enforcing, or implementing a statute, rule, regulation, or order, where

the disclosing agency becomes aware of an indication of a violation or

potential violation of civil or criminal law or regulation.

b. To disclose information to another federal agency, to a court,

or to a party in litigation before a court or in an administrative

proceeding being conducted by a federal agency when the government is a

party to the judicial or administrative proceeding.

c. To provide information to a congressional office from the record

of an individual in response to an inquiry from that congressional

office made at the request of that individual.

d. To disclose to an authorized appeal grievance examiner, formal

complaints examiner, administrative judge, equal employment opportunity

investigator, arbitrator or other duly authorized official engaged in

investigation or settlement of a grievance, complaint or appeal filed

by an employee.

e. To disclose, in response to a request for discovery or for

appearance of a witness, information that is relevant to the subject

matter involved in a pending judicial or administrative proceeding.

These records are maintained in file folders and in computer

processable storage media.

These records are indexed by the names of the individuals on whom

they are maintained.

Access to and use of these records are limited to those persons

whose official duties require such access.

These records are maintained for one year after resolution of the

case and then transferred to the Federal Records Center where they are

destroyed after three years.

Within the agency or department where the complaint of

discrimination or reprisal was filed, the system manager is the

Director of the Office of Equal Employment Opportunity or other

official designated as responsible for the administration and

enforcement of equal employment opportunity laws and regulations within

the agency or department.

Where an individual has appealed an EEO complaint or final

negotiated grievance decision to the EEOC or petitioned the EEOC to

review a decision of the Merit Systems Protection Board, the system

manager of the appeal or petition file is the Director, Office of

Federal Operations, Equal Employment Opportunity Commission,

Washington, DC 20507.

Pursuant to subsection (k)(2) of the Privacy Act, 5 U.S.C.

552a(k)(2), this system of records is exempt from subsections (c)(3),

(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the Act.

Appendix A

Albuquerque Area Office (Phoenix District), 505 Marquette, NW.,

Suite 900, Albuquerque, New Mexico 87102-2189.

Atlanta District Office, Citizens Trust Bank Building, Suite 1100,

75 Piedmont Avenue, NE., Atlanta, Georgia 30335.

Baltimore District Office, City Cresent Building, 10 S. Howard St.,

3rd Fl., Baltimore, Maryland 21201.

Birmingham District Office, 1900 3rd Avenue, North, Suite 101,

Birmingham, Alabama 35203-2397.

Boston Area Office (New York District), 1 Congress Street, 10th

Floor, Boston, Massachusetts 02114.

Buffalo Local Office (New York District), 6 Fountain Plaza, Suite

350, Buffalo, New York 14203.

Charlotte District Office, 5500 Central Avenue, Charlotte, North

Carolina 28212-2708.

Chicago District Office, 500 West Madison Street, Suite 2800,

Chicago, Illinois 60661.

Cincinnati Area Office (Cleveland District), 525 Vine Street, Suite

810, Cincinnati, Ohio 45202-3122.

Cleveland District Office, 1660 West Second Street, Suite 850,

Cleveland, Ohio 44113-1454.

Dallas District Office, 207 S. Houston St., 3rd Fl., Dallas, Texas

75202-4726.

Denver District Office, 1845 Sherman Street, 2nd Floor, Denver,

Colorado 80203.

Detroit District Office, 477 Michigan Avenue, Room 1540, Detroit,

Michigan 48226-9704.

El Paso Area Office (San Antonio District), The Commons, Building C,

Suite 100, 4171 North Mesa Street, El Paso, Texas 79902.

Fresno Local Office (San Francisco District), 1265 West Shaw Ave.,

Suite 103, Fresno, California 93711.

Greensboro Local Office (Charlotte District), 801 Summit Avenue,

Greensboro, North Carolina 27405-7813.

Greenville Local Office (Charlotte District), SCN Building, Suite

530, 15 South Main Street, Greenville, South Carolina 29601.

Honolulu Local Office (San Francisco District), 677 Ala Moana

Boulevard, Suite 404, P.O. Box 50082, Honolulu, Hawaii 96813.

Houston District Office, 1919 Smith Street, 7th Floor, Houston,

Texas 77002.

Indianapolis District Office, 101 W. Ohio St., Suite 1900,

Indianapolis, Indiana 46204-4203.

Jackson Area Office (Birmingham District), 207 West Amite Street,

Jackson, Mississippi 39201.

Kansas City Area Office (St. Louis District), 911 Walnut Street,

10th Floor, Kansas City, Missouri 64106.

Little Rock Area Office (Memphis District), 425 W. Capitol Ave., 6th

Fl., Little Rock, Arkansas 72201.

Los Angeles District Office, 255 E. Temple, 4th Fl., Los Angeles,

California 90012.

Louisville Area Office (Indianapolis District), 600 Martin Luther

King Jr. Place, Suite 268, Louisville, Kentucky 40202.

Memphis District Office, 1407 Union Avenue, Suite 621, Memphis,

Tennessee 38104.

Miami District Office, 1 Northeast First Street, 6th Floor, Miami,

Florida 33132-2491.

Milwaukee District Office, 310 West Wisconsin Avenue, Suite 800,

Milwaukee, Wisconsin 53203-2292.

Minneapolis Local Office (Milwaukee District), 330 S. Second Ave.,

Suite 430, Minneapolis, Minnesota 55401-2224.

Nashville Area Office (Memphis District), 50 Vantage Way, Suite 202,

Nashville, Tennessee 37228.

Newark Area Office (Philadelphia District), 1 Newark Center, 21st

Fl., Newark, New Jersey 07102-5233.

New Orleans District Office, 701 Loyola Avenue, Suite 600, New

Orleans, Louisiana 70113-9936.

New York District Office, 7 World Trade Center, 18th Fl., New York,

New York 10048-0948.

Norfolk Area Office (Baltimore District), Systems Management of

America (SMA) Building, 252 Monticello Avenue, 1st Floor, Norfolk,

Virginia 23510.

Oakland Local Office (San Francisco District), 1301 Clay Street,

Suite 1170-N, Oakland, California 94612-5217.

Oklahoma Area Office (Dallas District), 531 Couch Drive, Oklahoma

City, Oklahoma 73102.

Philadelphia District Office, 1421 Cherry Street, 10th Floor,

Philadelphia, Pennsylvania 19102.

Phoenix District Office, 4520 North Central Avenue, Suite 300,

Phoenix, Arizona 85012-1848.

Pittsburgh Area Office (Philadelphia District), 1000 Liberty Avenue,

Room 2038-A, Pittsburgh, Pennsylvania 15222.

Raleigh Area Office (Charlotte District), 1309 Annapolis Drive,

Raleigh, North Carolina 27608-2129.

Richmond Area Office (Baltimore District), 3600 West Broad Street,

Rm. 229, Richmond, Virginia 23230.

San Antonio District Office, 5410 Fredericksburg Road, Suite 200,

San Antonio, Texas 78229-3555.

San Diego Area Office (Los Angeles District), 401 B Street, Suite

1550, San Diego, California 92101.

San Francisco District Office, 901 Market Street, Suite 500, San

Francisco, California 94103.

San Jose Local Office (San Francisco District), 96 North 3rd St.,

Suite 200, San Jose, California 95112.

Savannah Local Office, 410 Mall Blvd., Suite G, Savannah, Georgia

31406.

Seattle District Office, Federal Office Building, 909 First Ave.,

Suite 400, Seattle, Washington 98104-1061.

St. Louis District Office, 625 North Euclid Street, 5th Floor, St.

Louis, Missouri 63108.

Tampa Area Office (Miami District), 501 East Polk Street, 10th

Floor, Tampa, Florida 33602.

Washington Field Office, 1400 L Street, NW., Suite 200, Washington,

DC 20005.

[FR Doc. 94-5368 Filed 3-8-94; 8:45 am]

BILLING CODE 6570-01-M