HomeMy WebLinkAboutOrdinance 23439-10-2018 Ordinance No. 23439-10-2018
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
GRANTS OPERATING FEDERAL FUND, IN THE AMOUNT OF $85,800.00, FROM
AVAILABLE FUNDS, SUBJECT TO RECEIPT OF THE GRANT, TO PROCESS
EMPLOYMENT DISCRIMINATION CASES FOR FISCAL YEAR 2018; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2017-2018 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants
Operating Federal Fund in the amount of$85,800.00, from available funds, subject to receipt of the grant, to
process employment discrimination cases for Fiscal Year 2018.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 22927-09-2017 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
Christopher Troutt Mary J. Kays r,
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE: October 16, 2018
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.CONTRACT ID CODE TPAGEOF—PAGES
1 2
2.AMENDMENT/MODIFICATION NO. 3. FF IVE AT 4. UISI I NIP RCH S REQ.NO. 5.PROJECT NO. 1 app is
EEC45016C0080P00005 08/30/2018 See Schedule
6.ISSUED BY CODE 453100 7.ADMINISTERED BY (Ifother than Item 6) CODE EE450
EEOC OCFO ASD EEOC Office of Field Programs - State and Local
131 M Street, N.E., 4th Floor 131 M Street, N.E., 5th Floor
Washington, DC, 20507, US Washington, DC, 20507, US
8.NAME AND ADDRESS OF CONTRACTOR (No.,street county,State and ZIP Code) X 9A.AMENDMENT OF SOLICIATION NO.
FORT WORTH, CITY OF
1000 THROCKMORTON
FORT WORTH, TX, 761026312, US ❑9B.DATED (EE ITEM 11)
10A.MODIFICATION OF CONTRACT/ORDER NO.
EEC45016C0080
1^110B.DATED (SEE ITEM 13)
CODE LOC824614754 FACILITY CODE
TFI115 ITEM ONLY APPLIES TO AMENDMENTS OF SDUCnTMNS
❑ The above numbered solicitation is amended as set forth in Item 14.The hour and date specified for receipt of Offers ❑ is extended, ❑ is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods:
(a)By completing items 8 and 15,and returning copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted;
or(c)By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE
DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.If by virtue of this amendment your desire to change an offer
alread�submitted,such char a ma �e made,b K11rarr�or letter, ov�ded each telegram or letter makes reference to the solicitation and this
amen ment,and is receive �rior t�t e openin� ou an date spe i ie
12.ACCOUNTING AND APPROPIRATION DATA (Ifrequired)
See Schedule
13.THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14.
CHECK ONE A.THIS CHANGE ORDER IS ISSUED PURSUANTTO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO.IN ITEM 10A.
❑
1-1B. THE ABOVE NUMBERED CONTRACT/ORDER 15 MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office,
appropriation date,etc. )SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
❑ C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
❑ D. OTHER (Specifytype o mo i ication an authority)
X52.217-9 Option to Extend the Term of the Contract
E.IMPORTANT: Contractor 0 is not, ❑ is required to sign this document and return copies to the issuing office.
14.DESCRIPTION OF AMENDMENT/MODIFICATION( Organized by UCF section headings,including solicitation/contract subject matter wherefeasible.)
MODIFICATION CONTROL NUMBER: EEC45016COOBOP00005
SUMMARY OF CHANGES: Exercise FEPA Option Year 2
PURSUANT TO SECTION I, 52.217-9 ENTITLED "OPTION TO EXTEND THE TERM OF THE CONTRACT",
THE GOVERNMENT HEREBY EXERCISES OPTION YEAR 1 TO EXTEND CONTRACT PERFORMANCE FOR A
PERIOD OF TWELVE (12) MONTHS COMMENCING ON OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2018.
(SEE ATTACHMENT NO. 1 FOR DETAILS)
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect.
15A.NAME AND TITLE OF SIGNER (Type orprint) 16A.NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Terrell, Anthony T
Contracting Officer
15B.CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNEE
(Signature ofperson authorized to sign) (Signature of Contracting Officer)
NSN7540-01-152-8070 STANDARD FORM 30 (REV.10-83)
Previous edition unusable Prescribed by GSA FAR(48 CFR)53.243
EEC45016CO080P00005
Page 2 of 2
Summary of Changes
Modification Changes
Effective as of the date of this Modification No. EEC45017C0080P00005, is revised as follows:
The Award Administrator is changed to:Terrell,Anthony T anthony.terrell@eeoc.gov
1. Line Number 0015: OPTION YEAR 2 -Title VII, ADEA,ADA,AND GINA CHARGE RESOLUTIONS:
Description: Each Charge must have been filed since October 1, 2013, (or since October 1, 2012,for each charge where
a determination of reasonable cause is issued and the charge is processed through hearings and/or litigation) and
resolved in accordance with a charge resolution plan if applicable.
Period of Performance: 10/01/2017-09/30/2018
Unit of Measure and Quantity: 107 ea
Unit Price: $700.00
Contract Type: Firm Fixed Price
Charge Account: 2018I0100B1818DI10SLPPSIFPSLPINAI251 010I999996I9999ISLCRINAINAINA
Funded Value: $74,900.00
2. Line Number 0016: OPTION YEAR 2-Title VII, ADEA,ADA,AND GINA INTAKE SERVICES
Description: Provide Intake Services for charges,with affidavits,filed during the period October 1, 2017 to September 30,
2018.
Period of Performance: 10/01/2017 -09/30/2018.
Unit of Measure and Quantity: 50 ea
Unit Price: $70.00
Charge Account: 2018I0100B1818DI10SLPPSIFPSLPINAI251 010I999996I9999ISLCRINAINAINA
Funded Value: $3,500.00
3. Line Number 0017: OPTION YEAR 2-FY 2018 EEOC/FEPA TRAINING CONFERENCE:
Description: Training to facilitate successful completion of contract, which must include attendance at EEOC-Sponsored
Annual Conference.
Period of Performance: 10/01/2017-09/30/2018.
Unit of Measure and Quantity: 1 ea
Unit Price: $1,400.00
Charge Account: 2018I0100B1818DI10SLPPSIFPSLPINAI251 010I999996I9999ISLCRINAINAINA
Funded Value: $1,400.00
4. Line Number 0018: OPTION YEAR 2-FY 2018 FEPA ENGAGEMENT FUNDING:
Description: Submission of an acceptable written proposal detailing a joint EEOC/FEPA enforcement, outreach, or
training activity in support of a Strategic Enforcement Plan or District Complement Plan.
Period of Performance: 10/01/2017-09/30/2018.
Unit of Measure and Quantity: 1 ea
Unit Price: $1,000.00
Charge Account: 2018I0100B1818DI10SLPPSIFPSLPINAI251 010I999996I9999ISLJOUTINAINAINA
Funded Value: $1,000.00
Reference Requisition No.: FP180104
5.As a result of this modification, the grand total for the contract is increased by$80,800.00 from$145,840 to
$226,640.00.
6. Please note: Modification EEC45016CO080P00004 was never issued,
as a system error rendered it useless.The current Modification
(P00005)continues from Modification P00003).
Except as stated above, all other terms and conditions remain unchanged.
EEC450VC0080 FORT WORTH ATTACHMENTNO.1
In addition, listed below are the revised Sections of the contract:
Section C—DESCRIPTIONS AND SPECIFICATIONS
Section II,Paragraph B of the Statement of Work—The last sentence is revised to read as
follows:
From: Upon execution,the Worksharing Agreement dated 10/05/2016,is
incorporated by reference into this contract.
To: Upon execution, the Worksharing Agreement dated 10/31/2017, is
incorporated by reference into this contract.
Section II,Paragraph E of the Statement of Work is revised to read as follows:
From: It is understood and expressly agreed to by both parties to this contract that all
provisions of the EEOC's Contracting Principles for State and Local FEPA
for Fiscal Year 2017 are incorporated in their entirety into this contract.
To: It is understood and expressly agreed to by both parties to this contract that all
provisions of the EEOC's Contracting Principles for State and Local FEPA for
Fiscal Year 2018 are incorporated in their entirety into this contract.
Section III,Paragraph B of the Statement of Work is revised to read as follows:
From: All charges submitted for credit under this contract shall be completed by the
Contractor between October 1,2016 and September 30,2017 as follows:
To: All charges submitted for credit under this contract shall be completed by the
Contractor between October 1,2017 and September 30,2018 as follows:
Section F- DEL.IVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
Paragraph F.I A is revised to read as follows:
From: A. The period of performance under this contract shall be from October 1, 2016
through September 30, 2017, with two one-year options to extend the
term of the contract. (See Section I,52.217-9 "Option to Extend the Term
of the Contract").
To: A. The period of performance under this contract shall be from October 1, 2017
through September 30,2018.
Page 1 of 3
EEC45017CO080 FORT WORTH ATTACHMENTNO.1
F.2 TIME OF DELIVERY/DELIVERABLES
F.2.A.1 —The last sentence is revised to read as follows:
From: A determination not to award contract credit made may be reversed under the
procedures set forth in Section II1.B.5.a. of the FY 2017 Contracting Principles.
To: A determination not to award contract credit made may be reversed under the
procedures set forth in Section II1.B.5.a. of the FY 2018 Contracting Principles.
Paragraph F.2.A 2 is revised to read as follows:
From: Enter basic charge data into the IMS or successor system within five business
days of the Contractor's receipt of each charge as set forth in Section II1.B.5.a
of the FY 2017 Contracting Principles in order to be eligible to receive contract
credit.
To: Enter basic charge data into the IMS or successor system within five business
days of the Contractor's receipt of each charge as set forth in Section II1.B.5.a of
the FY 2018 Contracting Principles in order to be eligible to receive contract
credit.
Paragraph F.2.A.3 is revised to read as follows:
From: Provide EEOC with a list of final actions within a time frame agreed upon by the
COR and the Contractor,but usually no later than 30 calendar days after the
resolution of each charge to meet the requirement of Section III. B.2 of the FY
2017 Contracting Principles. The Contractor must ensure the timely and accurate
entry of data into the IMS or successor system. The COR will generate charge
data lists and reports through the IMS or successor system to verify that this
requirement is being met throughout the term of this contract.
To: Provide EEOC with a list of final actions within a time frame agreed upon by the
COR and the Contractor,but usually no later than 30 calendar days after the
resolution of each charge to meet the requirement of Section III. B.2 of the FY
2018 Contracting Principles. The Contractor must ensure the timely and accurate
entry of data into the IMS or successor system. The COR will generate charge
data lists
and reports through the IMS or successor system to verify that this requirement is
being met throughout the term of this contract.
Paragraph F.2.B.4 is revised to read as follows:
From: The Contractor must make timely and accurate submission to the EEOC of EEOC
Form 322 and EEOC Form 472. All reports covering the first three quarters of
the FY 2017 contract must be received by the EEOC prior to September 30, 2017.
Page 2 of 3
EEC45017CO080 FORT WORTH ATTACHMENTNO.1
To: The Contractor must make timely and accurate submission to the EEOC of
EEOC Form 322 and EEOC Form 472. All reports covering the first three
quarters of the FY 2018 contract must be received by the EEOC prior to
September 30, 2018.
Paragraph F.2.0 is incorporated as follows:
C. Proposal for FY 2018 FEPA Engagement
From: The Contractor must submit to the Contracting Officer Representative prior
to September 1,2017, a written proposal detailing a joint enforcement,
joint outreach or joint training activity with the EEOC District Office which
(1) identifies and supports a specific priority contained in either EEOC's
Strategic Enforcement Plan or the District Office's Complement Plan, (2)
contains sufficient details and a certification that the FEPA is willing and
able to perform the actions it proposes to perform, and(3)which the EEOC
finds to be feasible and acceptable.
To: The Contractor must submit to the Contracting Officer Representative prior
to September 30,2018, a written proposal detailing a joint enforcement,
joint outreach or joint training activity with the EEOC District Office which
(1) identifies and supports a specific priority contained in either EEOC's
Strategic Enforcement Plan or the District Office's Complement Plan, (2)
contains sufficient details and a certification that the FEPA is willing and
able to perform the actions it proposed to perform, and(3)which the EEOC
finds to be feasible and acceptable.
Section J—LIST OF ATTACHMENTS
Section J is revised to incorporate the following:
Attachment D -Worksharing Agreement for FY 2018
FEDERAL REGISTER NOTICE 11.17.2016
Page 3 of 3
FY 2018 EXTENSION OF WORKSHARING AGREEMENT
Inasmuch as there have been no substantive changes in the processes,
procedures, statutes, policies or regulations that would adversely
affect or substantially alter the work sharing arrangement between the
U. S. Equal Employment Opportunity Commission's Dallas District Office
and the City of Fort Worth, Human Relations Commission, or that would
affect the processing of charges filed under the pertinent Federal,
state or local statutes, the parties agree to extend the current work
sharing agreement that was executed on November 12, 2015 through the
FY 2018 Charge Resolution Contract Option Period, from October 1, 2017
through September 30, 2018. The agencies agree to work together in
furtherance of the provisions of EEOC' s current Strategic Plan when
assessing the allocation of charges under this agreement and to
cooperate in compliance and enforcement efforts as well as training,
outreach and technical assistance efforts encompassed by the Plan. By
executing this extension, the parties agree to abide by the
confidentiality provisions of GINA as well as the other statutes cited
in the agreement. This agreement, as well as the attendant
Worksharing Agreement may be reopened and amended by mutual consent of
the parties.
Angels 14sil `' Date
AdminiAr/tt" f;
ISP Af
� f
e.l,if da McCallister Date
#Acting District Director
81116 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
ENVIRONMENTAL PROTECTION and Media Programs Division,Office of significant digits.The increase is not
AGENCY Compliance,Mail Code 2227A, due to any program change.
[EPA-HQ-OECA-2013-0345;FRL-9953- Environmental Protection Agency, 1200 Courtney Kerwin,
00-OEI] Pennsylvania Ave.NW.,Washington, Director,Regulatory Support Division.
DC 20460;telephone number: (202)
Information Collection Request 564-2970;fax number:(202)564-0050; BFR Doc. 7579 Filed 11-1016;8:45 am]
Submitted to OMB for Review and email address:yellin.patrick®epa.gov. BILLING coOveDE 6sso-so a
Approval;Comment Request; NESHAP SUPPLEMENTARY INFORMATION:
for Metal Can Manufacturing Surface Supporting documents which explain in EQUAL EMPLOYMENT OPPORTUNITY
Coating(Renewal) detail the information that the EPA will COMMISSION
AGENCY:Environmental Protection be collecting are available in the public
Agency(EPA). docket for this ICR.The docket can be Privacy Act of 1974; Publication of
ACTION:Notice. viewed online at www.regulations.gov Notices of Systems of Records and
or in person at the EPA Docket Center, Proposed New Systems of Records
SUMMARY:The Environmental Protection
Agency has submitted an information W JC West,Room 3334, 1301 AGENCY:Equal Employment
collection request(ICR),"NESHAP for Constitution Ave.NW.,Washington, Opportunity Commission.
Metal Can Manufacturing Surface DC.The telephone number for the ACTION:Notice;publication of notices of
Coating(40 CFR part 63,subpart KKKK) Docket Center is 202-566-1744.For systems of records,and proposed new
(Renewal)" (EPA ICR No.2079.06,OMB additional information about EPA's systems of records.
Control No.2060-0541),to the Office of public docket,visit:http:H
Management and Budget(OMB)for k'ww•epa.gov/dockets. SUMMARY:This notice proposes one new
g g system of records,changes to a number
review and approval in accordance with Abstract;The affected entities are of existing systems of records,and
the Paperwork Reduction Act(44 U.S.C. subject to the General Provisions of the removes obsolete systems of records.
3501 et seq.).This is a proposed NESHAP for Metal Can Manufacturing This notice republishes all of EEOC's
extension of the ICR,which is currently Surface Coating(40 CFR part 63,subpart notices for its systems of records subject
approved through November 30,2016. A),and any changes,or additions,to the to the Privacy Act in one issue of the
Public comments were previously Provisions are specified at 40 CFR part Federal Register so that an accurate and
requested via the Federal Register(81 63,subpart KKKK.Owners or operators complete text of the notices is available
FR 26546)on May 3,2016 during a 60- of the affected facilities must submit a for use by individuals and by agency
day comment period.This notice allows one-time-only report of any physical or Privacy Act officers.
for an additional 30 days for public operational changes,initial performance DATES:The changes to the existing
comments.A fuller description of the tests,and periodic reports and results. systems of records are effective on
ICR is given below,including its Owners or operators are also required to November 17,2016.The proposed new
estimated burden and cost to the public. maintain records of the occurrence and system of records will become effective,
An Agency may neither conduct nor duration of any startup,shutdown,or without further notice,on January 17,
sponsor,and a person is not required to malfunction in the operation of an 2017 unless comments dictate
respond to,a collection of information affected facility,or any period during otherwise.
unless it displays a currently valid OMB which the monitoringstem is
control number. system ADDRESSES:Comments on this notice
inoperative.Reports are required may be submitted to the EEOC in three
DATES:Additional comments may be semiannually at a minimum. ways;please use only one.
submitted on or before December 19,
2016. Form Numbers:None. Comments and attachments may be
submitted online at http://es ondents/a ected entities:Metal
ADDRESSES: Submit your comments, RP ff www.regulations.gov,which is the
referencing Docket ID Number EPA- can manufacturing facilities that use Federal eRulemaking Portal.Follow the
HQ-OECA-2013-0345,to:(1)EPA 1,500 gallons or more of surface instructions on the Web site for
online using www.regulations.gov(our coatings. submitting comments.Comments
preferred method),or by email to Respondent's obligation to respond: received here will be posted publicly on
docket.oeca®epa.gov,or by mail to:EPA Mandatory(40 CFR part 63,subpart the same portal without change,
Docket Center,Environmental KKKK). including any personal information you
Protection Agency,Mail Code 28221T, Estimated number of respondents:5 provide.However,the EEOC reserves
1200 Pennsylvania Ave.NW., the right to refrain from posting
Washington,DC 20460;and(2)OMB via (total). comments:That contain obscene,
email to oira_submission®omb.eop.gov. Frequency of response:Initially, indecent,or profane language;that
Address comments to OMB Desk Officer occasionally and semiannually, contain threats or defamatory
for EPA. Total estimated burden:1,940 hours statements;that contain hate speech
EPA's policy is that all comments (per year).Burden is defined at 5 CFR directed at race,color,sex,sexual
received will be included in the public 1320.3(b). orientation,national origin,ethnicity,
docket without change,including any age,religion,or disability;or that
personal information provided,unless Total estimated cost:$206,000(per promote or endorse services or
the comment includes profanity,threats, year),which includes$6,000 in products.
information claimed to be Confidential annualized capital/startup or operation e Hard copy comments may be
Business Information(CBI),or other &maintenance costs. submitted to Bernadette Wilson,Acting
information whose disclosure is Changes in the Estimates:There is a Executive Officer,Executive Secretariat,
restricted by statute. small adjustment increase of 2 Equal Employment Opportunity
FOR FURTHER INFORMATION CONTACT: respondent labor hours due to rounding Commission, 131 M Street NE.,
Patrick Yellin,Monitoring,Assistance, of all total calculated values to three Washington,DC 20507.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81117
• The Executive Secretariat also will requesting records.The Commission is other agencies that provide for
accept documents totaling six or fewer adding a statement of general routine coordination and cooperation in EEOC's
pages by facsimile("fax")machine.This uses to include two new routine uses employment discrimination
limitation is necessary to assure access permitting disclosure of records from all enforcement efforts is proposed.
to the equipment.The telephone of its systems of records for suspected EEOC 6 Freedom of Information Act
number of the fax receiver is(202)663- or confirmed breach notification and and Privacy Act Records:This new
4114.(This is not a toll-free number.) response.The Commission is removing system of records replaces the obsolete
Receipt of fax transmittals will not be three obsolete routine uses from its Employee Assistance Program Records
acknowledged,except that the sender Claims Collection Records notice and system and covers all Freedom of
may request confirmation of receipt by one routine use from its Internal Information Act(FOIA)and Privacy Act
calling the Executive Secretariat staff at Harassment Inquires Records notice. requests,administrative appeals,
(202)663-4070(voice)or(202)663- EEOC is adding a new routine use to its responses,and related records.These
4074(TTY).(These are not toll-free two Discrimination Case Files systems records were previously included in
telephone numbers.) of records,a new routine use to its EEOC-5 Correspondence and
Subject to the conditions noted above, Internal Harassment Inquiries system of Communications.Nine routine uses are
the EEOC will post online at http://. records,and one new routine use to its proposed for the system.
www.regulations.gov all comments Office of Inspector General system of EEOG9 Claims Collection Records:
submitted in hard copy or by fax with records.Finally,the Commission has Three obsolete routine uses are
the Executive Secretariat.The EEOC amended several system notices to removed,as is an obsolete reference to
Headquarters'library also will make reflect current office names and has consumer reporting agencies.
available hard copies of all comments, amended Appendix A to reflect current EEOC-14 Reserved:We have
by advance appointment only,between addresses of Commission offices.To removed the Employee Parking Records
the hours of 9 a.m.and 5 p.m.Eastern ensure that users will have a copy of the
Time.To schedule an appointment to current text of each of its system system because those records are no
inspect the comments at the EEOC's notices,the Commission is publishing longer collected by EEOC,but are
library,contact the library staff at(202) the complete text of all of its systems collected by the private building
663-4630(voice)or(202)663-4641 notices. management company at EEOC's
(TTY).(These are not toll-free numbers.) A brief description of the major headquarters building.
Copies of this notice are available in changes follows: EEOC-15 Internal Harassment
the following alternate formats:Large Universal Routine Uses:EEOC Inquiries:We have removed routine use
print,braille,electronic file on proposes to add two routine uses (h)as unnecessary since disclosures
computer disk,and audio-tape.Copies applicable to all systems of records.One could be made under the"need to
may be obtained from the Publications would permit EEOC to disclose records know"exception.We propose to add a
Center by calling 1-800-699-3362. reasonably necessary to respond to a new routine use(h)to permit
FOR FURTHER INFORMATION CONTACT: suspected or confirmed breach of the disclosures to the alleged harasser in the
Thomas system of rords whre EEOC
ent of a
Counsel,)(20)1ageter,Assistant 63-4 68(voice), determines determi es there mayebe risk of harm eVEEOC-161S Office of Inspector General
Kathleen Oram,Senior Attorney(202) to individuals,EEOC,or the Federal Investigative Files:We propose a new
663-4681 (voice),or Savannah Marion, government.The second proposed routine use permitting disclosures
(202)663-4909 or(202)663-7026 routine use would allow EEOC to during peer reviews.
(.TDD) disclose records to other Federal EEOC-17 Defensive Litigation Files:
agencies to assist in their efforts to The system is updated to reflect that
SUPPLEMENTARY INFORMATION:The Equal respond to a suspected or confirmed internal defensive litigation files are
Employment Opportunity Commission breach. maintained in the Office of General
last published its Privacy Act systems EEOC-1 Age and Equal PayAct Counsel and external defensive
notices in 2002.The Commission Discrimination Case Files and EEOC-3 litigation files are maintained in the
proposes one new system of records to Title VII,Americans with Disabilities Office of Legal Counsel.
cover Freedom of Information Act and Act,and Genetic Information EEOC-18 Reasonable
Privacy Act records.EEOC previously Nondiscrimination Act Discrimination Accommodation Records:We added
covered these records in its general Case Files:A routine use that permits notification procedures,record access
correspondence system of records.The disclosure to other federal agencies in on P
Commission is deleting EEOC-6 accordance with Memoranda of procedures,contesting records
Employee Assistance Program records Understanding or similar agreements procedures,and record source
and EEOC-14 Employee Parking records between EEOC and other agencies that categories.
because it no longer collects and keeps provide for coordination and The proposed universal routine uses,
those records and is replacing EEOC-6 cooperation in EEOC's employment the routine uses in the one new system
with the new Freedom of Information discrimination enforcement efforts is of records noted above and the proposed
Act and Privacy Act Records system. proposed.The retention and disposal new routine uses in two existing
The Employee Assistance Program sections are updated. systems meet the compatibility criteria
records are now maintained by the EEOC-3 Title VII,Americans with since the information involved is
Department of Health and Human Disabilities Act,and Genetic collected for the purpose of the
Services,and Employee Parking records Information Nondiscrimination Act applicable routine uses.We anticipate
are maintained by a private building Discrimination Case Files:The system that any disclosure pursuant to these
management company.In addition,the was updated to add Genetic Information routine uses will not result in any
Commission is amending a number of Nondiscrimination Act(GINA)files.A unwarranted adverse effects on personal
its systems to recognize more routine use that permits disclosure to privacy,
widespread electronic storage,and other federal agencies in accordance A complete list of all EEOC systems
remove requirements that persons with Memoranda of Understanding or of records is published below.The
submit social security numbers when similar agreements between EEOC and complete text of the notices follows.
81118 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
For the Commission. necessary to assist in connection with bargaining agreements,and petitions to
Jenny R.Yang, EEOC's efforts to respond to the revoke or modify subpoenas.
Chair. suspected or confirmed breach or to c.Records gathered and generated by
EEOC Systems of Records prevent,minimize,or remedy such EEOC in the course of its investigation
harm. and,in complaints filed under section
Universal Routine Uses. b.To another Federal agency or 304 of the Government Employees
EEOC-1 Age Discrimination in Federal entity when information from Rights Act of 1991,during the hearing,
Employment Act,Equal Pay Act,and this system of records is reasonably such as letters of referral to state fair
Section 304 of the Government necessary to assist the recipient agency employment practices agencies,
Employee Rights Act Discrimination or entity in(1)responding to a correspondence with state fair
Case Files. suspected or confirmed breach or(2) employment practices agencies,witness
EEOC-2 Attorney Referral List. preventing,minimizing,or remedying statements,investigator's notes,
EEOC-3 Title VII,Americans with the risk of harm to individuals,the investigative plan,report of initial and
Disabilities Act,and Genetic agency(including its information exit interview,investigator's analyses of
Information Nondiscrimination Act systems,programs,and operations),or evidence and charge,subpoenas,
EEOC-4 Biographical Files. the Federal government. decisions and letters of determination,
EEOC-5 Correspondence and conciliation agreements,
Communications. EEOC-1 correspondence and any additional
EEOC-6 Freedom of Information Act SYSTEM NAME: evidence gathered during the course of
and Privacy Act Records the investigation.
EEOC-7 Employee Pay and Leave Age Discrimination in Employment
Records. Act,Equal Pay Act,and Section 304 of AUTHORITY FOR MAINTENANCE OF THE SYSTEM;'
EEOC-8 Employee Travel and the Government Employee Rights Act 5 U.S.C.301;29 U.S.C.209,211,623,
Reimbursement Records. Discrimination Case Files. 626;42 U.S.C.2000e-16c;44 U.S.C.
EEOC-9 Claims Collection Records. 3101;2 U.S.C.1220.
EEOC-10 Grievance Records. sysrEM LocarloN:
EEOC-11 Adverse Actions Against Field Office where the charge or PURPOSE:
Nonpreference Eligibles in the Excepted complaint of discrimination was filed This system is maintained for the
Service Records (see Appendix A).Records of purpose of enforcing the prohibitions
EEOC-12 Telephone Call Detail complaints filed under section 321 of against employment discrimination
Records. the Government Employees Rights Act contained in the Age Discrimination in
EEOC-13 Employee Identification of 1991 are located in the Office of Employment Act,the Equal Pay Act and
Cards. Federal Operations 131 M Street NE., section 304 of the Government
EEOC-14 Reserved Washington,DC 20507,after a hearing Employees Rights Act of 1991.
EEOC-15 Internal Harassment has been requested. ROUTINE USES OF RECORDS MAINTAINED IN THE
Investigation Files. SYSTEM,INCLUDING CATEGORIES OF USERS AND
EEOC-16 Office of Inspector General CATEGORIES OF INDIVIDUALS COVERED BY THE THE PURPOSES OF SUCH USES:
Investigative Files. SYSTEM: These records and information in
EEOC-17 Defensive Litigation Files. Persons other than federal employees these records may be used:
EEOC-18 Reasonable and applicants who file charges or a.To disclose pertinent information to
Accommodation Records. complaints with EEOC alleging that an a federal,state,or local agency or third
EEOC-19 Revolving Fund employer,employment agency or labor ply as may be appropriate or
Registrations. organization has violated the Age necessary to perform the Commission's
EEOC-20 RESOLVE Program Discrimination in Employment Act of functions under the Age Discrimination
Records. 1967 or the Equal Pay Act of 1963,or in Employment Act,Equal Pay Act,or
EEOC-21 Emergency Management who file complaints under section 304 section 304 of the Government
Records. of the Government Employees Rights Employee Rights Act of 1991.
EEOC-22 EEOC Personnel Security Act of 1991. b.To disclose information contained
Records. in these records to state and local
EEOC/GOVT-1 Equal Employment CATEGORIES OF RECORDS IN THE SYSTEM: agencies administering state or local fair
Opportunity in the Federal Government This system contains the records employment practices laws.
Complaint and Appeal Records. compiled during the investigation of age c.To disclose non-confidential and
Universal Routine Uses:The and equal pay discrimination cases and non-privileged information from closed
following routine uses of the records during the investigation and hearing of ADEA/EPA case files(a file is closed
apply to and are incorporated by complaints filed under section 304 of when the Commission has terminated
reference into each system of records the Government Employees Rights Act its investigation and has decided not to
published below: of 1991.These records include: sue)to the employer where a lawsuit
a.To appropriate agencies,entities, a.Documents submitted by charging has been filed against the employer
and persons when:(1)EEOC suspects or party or complainant such as charge of involving that information,to other
has confirmed that there has been a discrimination,personal interview employees of the same employer who
breach of the system of records;(2) statement,and correspondence. have been notified by the Commission
EEOC has determined that as a result of b.Documents submitted by employer of their right under 29 U.S.C. 216 to file
the suspected or confirmed breach there such as statement of position, a lawsuit on their own behalf,and their
is a risk of harm to individuals,the correspondence,statements of representatives.
agency(including its information witnesses,documentary evidence such d.To provide information to a
systems,programs,and operations),or as personnel files,records of earnings, congressional office from the record of
the Federal government;and(3)the employee benefit plans,seniority list, an individual in response to an inquiry
disclosure made to such agencies, job titles and descriptions,applicant from the congressional office made at
entities,and persons is reasonably data,organizational charts,collective the request of a party to the charge.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81119
e.To disclose pertinent information to RETENTION AND DISPOSAL: SYSTEM LOCATION:
the appropriate federal,state,or local All private sector charge files not All District Offices(see Appendix A).
agency responsible for investigating, designated for permanent retention will
prosecuting,enforcing,or implementing be retained for three years following the CATEGORIES OF INDIVIDUALS COVERED BY THE:
a statute,rule,regulation,or order, fiscal year in which they were closed. sysrEM:
where the EEOC becomes aware of an (For example,if a charge was closed on Attorneys who represent plaintiffs in
indication of a violation or potential March 31,2014,in FY 2014,the three- employment discrimination litigation.
violation of civil or criminal law or year retention period would begin on CATEGORIES OF RECORDS IN THE SYSTEM:
regulation. October 1,2014,which is the first day Y Y
f.To disclose information to another This s stem contains attorney
s'
federal agency,to a court,or to a art of will
2015.)These non-permanent files names,business addresses and
g Y' party will be retained for one year in the
in litigation before a court or in an telephone numbers,the nature and
discrimination was filed.Afterwards,administrative proceeding being EEOC field office where the charge , amount of their civil rights litigation
conducted by a federal agency when the the non-permanent files will be experience;their state and federal bar
government is a party to the judicial or transferred to the Federal Records admissions;whether the attorneys have
administrative proceeding. the capacity and desire to handle class
Center(FRC).The FRC will destroy the
g.To disclose information to officials actions;whether the attorneys charge
of state or local bar associations or files after the three-year retention period consultation fees(and how much);
disciplinary boards or committees when is met.Permanent files will be retained
P �' in the field office for three years and whether the attorneys will waive the
they are investigating complaints en consultation fee;the types of fee
then transferred to FRC.FRC will
against attorneys in connection with arrangements the attorneys will accept;
their representation of a art before transfer the files to the National
P party and whether the attorney speaks a
EEOC. Archives and Records Administration
h.To disclose to a Federal agency in (NARA)for permanent retention when foreign language fluently.
the executive,legislative,or judicial eligible. AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
branch of government,in response to its Closed non-permanent private sector 42 U.S.C. 2000e-4(g);44 U.S.C.3101.
request for information in connection charge files that are the subject of
with the hiring of an employee,the Freedom of Information Act(FOIA) PURPOSE:
issuance of a security clearance,the requests are retained for six years after This system is maintained for the
conducting of a security or suitability the FOIA response is provided.The files purpose of providing charging parties,
investigation of an individual,the will be transferred to FRC one year after upon their request,with information
classifying of jobs,or the lawful completion of all actions taken under about local attorneys who represent
statutory,administrative,or FOIA/Privacy Act.Alternatively,the plaintiffs in employment discrimination
investigative purpose of the agency to files may be included as part of the litigation.
the extent that the information is permanent files retained by the EEOC
relevant and necessary to the requesting field office. ROUTINE USES OF RECORDS MAINTAINED IN THE
agency's decision. Closed private sector charge files that SYSTEM,INCLUDING CATEGORIES OF USERS AND
i.To disclose information to other are the subject of a Section 83 request THE PURPOSES OF SUCH USES:
federal agencies in accordance with are retained for six years after the These records and information in
Memoranda of Understanding or similar Section 83 response is provided.The these records may be used:
agreements between EEOC and other files will be transferred to FRC one year a.To refer charging parties to
agencies that provide for coordination, after completion of all actions taken attorneys who handle litigation of
cooperation,and confidentiality of under FOIA.Alternatively,the files may employment discrimination lawsuits.
documents in EEOC's employment be included as part of the permanent b.To provide information to a
discrimination enforcement efforts. files retained by the EEOC field office. congressional office from the record of
POLICIES AND PRACTICES FOR STORING, an individual in response to an inquiry
RETRIEVING,ACCESSING,RETAINING,AND SYSTEM MANAGER(S)AND ADDRESS: from the congressional office made at
DISPOSING OF RECORDS IN THE SYSTEM: Director of the office in the field the request of the individual.
STORAGE: Where the charge was filed(see POLICIES AND PRACTICES FOR STORING,
These records are maintained in file Appendix A).Director of the Office of RETRIEVING,ACCESSING,RETAINING,AND
folders and electronically. Field Programs,131 M Street NE., DISPOSING OF RECORDS IN THE SYSTEM:
Washington,DC 20507.Director of the STORAGE:
RETRIEVABILITY: Office of Federal Operations,131 M
These records are retrievable by Street NE.,Washington,DC 20507(only Stored on prepared forms,on index
charging party name,employer name, for complaints filed under section 321 cards and electronically.
and charge number. of the Government Employees Right Act RETRIEVABILITY:
SAFEGUARDS: Of 1991).
Indexed alphabetically by names of
Paper records are maintained in a SYSTEM EXEMPTED FROM CERTAIN PROVISIONS the attorneys.
secured area to which only authorized OF THE ACT:
personnel have access.Access to and This system is exempt under 5 U.S.C. SAFEGUARDS:
use of these records is limited to those 552a(k)(2)from subsections(c)(3), (d), Access to this system of records is
persons whose official duties require (e)(1), (e)(4)(G),(e)(4)(H),(e)(4)(I)and(f) restricted to EEOC personnel who have
such access.The premises are locked of the Act. a legitimate use for the information.
when authorized personnel are not on This system is stored in filing cabinets.
duty.Access to electronic records is EEOC-2 Access to electronic records is limited,
limited,through use of usernames and through use of access codes and entry
passwords,to those whose official SYSTEM NAME: logs,to those whose official duties
duties require access. Attorney Referral List. require access.
81120 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
RETENTION AND DISPOSAL: as personnel files,records of earnings, that the aggrieved person has given
Files are reviewed and updated EEO data,employee benefit plans, written authorization to the person who
annually. seniority lists,job titles and filed on his or her behalf to act as the
descriptions,applicant data, aggrieved person's agent for this
SYSTEM MANAGERS AND ADDRESS: Organizational charts,collective purpose,and their attorneys;
Regional Attorney at each District bargaining agreements,and petition to 3.Employers and their attorneys,
Office(see Appendix A). revoke or modify subpoenas. provided that the charging party or
NOTIFICATION PROCEDURE: c.Records gathered and generated by aggrieved person has filed suit under
Inquiries concerning this system of EEOC in the course of its investigation Title VII,the Americans with
records should concerning
addressed s the such as letters to state or local fair Disabilities Act,Title II of the Genetic
employment practice agencies, Information Nondiscrimination Act of
appropriate system manager.It is correspondence with state fair 2008,or any combination of the three.
necessary to furnish the following employment practice agencies,witness d.To provide information to a
information:(1)Full name of the
individual whose records are requested; statements,investigator's notes, congressional office from the record of
investigative plan,investigator's an individual in response to an inquiry
(2)mailing address to which the reply analysis of the evidence and charge, from the congressional office made at
should be sent. report of initial and exit interviews, the request of a party to the charge.
RECORD ACCESS PROCEDURES: copy Of deferral to state,subpoenas, e.To disclose pertinent information to
decisions and letters of determination, the appropriate federal,state,or local
Same as above. analysis of deferral agency action, agencies responsible for investigating,
CONTESTING RECORD PROCEDURES: conciliation agreements, prosecuting,enforcing,or implementing
Same as above. correspondence,and any additional a statute,rule,regulation,or order,
evidence gathered during the course of where EEOC becomes aware of an
RECORD SOURCE CATEGORIES: the investigation. indication of a violation or potential
The individual on whom the record is violation of civil or criminal law or
maintained. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: re ion.
5 U.S.C.301;42 U.S.C.2000e-5,—8 f.To disclose information to another
EEOC-3 and—9;42 U.S.C. 12117;44 U.S.C.3101, federal agency,to a court,or to a party
SYSTEM NAME: 42 U.S.C. 2000ff--10. in litigation before a court or in an
Title VII,Americans with Disabilities PURPOSE: administrative proceeding being
Act,and Genetic Information This system is maintained for the conducted by a federal agency when the
Nondiscrimination Act Discrimination purpose of enforcing the prohibitions government is a party to the judicial or
Case Files. against employment discrimination administrative proceeding.
contained in Title VII of the Civil Rights g•To disclose information to officials
SYSTEM LOCATION: g Of disciplinary boards or committees
Field Office where the charge of Disabbilithiesies Act of 1990,and Title II of
Act the Americans with under the control of a state or local
discrimination was filed(see Appendix the Genetic Information government when they are investigating
A)• Nondiscrimination Act of 2008 complaints against attorneys in
connection with their representation of
CATEGORIES OF INDIVIDUALS COVERED BY THE ROUTINE USES OF RECORDS MAINTAINED IN THE a party before EEOC.
SYSTEM: SYSTEM,INCLUDING CATEGORIES OF USERS AND h.TO disclose to a Federal agency in
Persons,other than federal employees THE PURPOSES OF SUCH USES: the executive,legislative,Or judicial
and applicants,who file charges These records and information in branch of government,in response to its
alleging that an employer,employment these records may be used: request for information in connection
agency,labor organization or joint labor- a.To disclose pertinent information to with the hiring of an employee,the
management apprenticeship committee a federal,state,or local agency or third issuance of a security clearance,the
has violated Title VII of the Civil Rights party as may be appropriate or conducting of a security or suitability
Act of 1964,the Americans with necessary to perform the Commission's investigation of an individual,the
Disabilities Act of 1990,Title II of the functions under Title VII of the Civil classifying of jobs,or the lawful
Genetic Information Nondiscrimination Rights Act of 1964,the Americans with statutory,administrative,or
Act of 2008(GINA),or any combination Disabilities Act of 1990,or Title II of the investigative purpose of the agency to
of the three. Genetic Information Nondiscrimination the extent that the information is
CATEGORIES OF RECORDS IN THE SYSTEM: Act Of 2008. relevant and necessary to the requesting
b.To disclose information contained agency's decision.
This system contains records in these records to state and local i.To disclose information to other
compiled during the investigation of agencies administering state or local fair federal agencies in accordance with
race,color,religion,sex,national origin, employment practices laws. Memoranda of Understanding or similar
disability,and genetic information c.To disclose non-confidential or agreements between EEOC and other
discrimination cases.These records non-privileged information contained in agencies that provide for coordination,
include: these records to the following persons cooperation,and confidentiality of
a.Documents submitted by charging after a notice of right to sue has been documents in EEOC's employment
party,such as a charge of issued: discrimination enforcement efforts.
discrimination,a personal interview 1.Aggrieved persons and their
statement,medical records,and attorneys in case files involving POLICIES AND PRACTICES FOR STORING,
correspondence. Commissioner Charges provided that RETRIEVING,ACCESSING,RETAINING,AND
b.Documents submitted by employer such persons have been notified of their DISPOSING OF RECORDS IN THE SYSTEM
such as position statement, status as aggrieved persons; STORAGE:
correspondence,statements of 2.Persons or organizations filing on These records are maintained in file
witnesses,documentary evidence such behalf of an aggrieved person provided folders and electronically.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81121
RETRIEVABILITY: Field Programs,131 M Street NE., SYSTEM MANAGER AND ADDRESS:
These records are retrievable by Washington,DC 20507. Director,Office of Communications
charging party name,employer name, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS and Legislative Affairs,Equal
and charge number. OF THE ACT: Employment Opportunity Commission,
131 M Street NE.,Washington,DC
SAFEGUARDS: This system is exempt under 5 U.S.C. 20507.
Paper records are maintained in a 552a(k)(2)from subsections(c)(3), (d),
secured area to which only authorized (e)(1),(e)(4)(G),(e)(4)(H),(e)(4)(I),and(f) NOTIFICATION PROCEDURES:
personnel have*access.Access to and of the Act. Inquiries concerning this system of
use of these records is limited to those EEOC-4 records should be addressed to the
persons whose official duties require system manager.All inquiries should
such access.The premises are locked SYSTEM NAME: furnish the full name of the individual
when authorized personnel are not on Biographical Files. and the mailing address to which the
duty.Access to electronic records is reply should be mailed.
limited,through use of usernames and SYSTEM LOCATION: RECORD ACCESS PROCEDURES:
passwords,to those whose official Office of Communications and
duties require access. Legislative Affairs,Equal Employment Same as above.
Opportunity Commission,131 M Street CONTESTING RECORDS PROCEDURES:
RETENTION AND DISPOSAL: NE.,Washington,DC 20507. Same as above.
All private sector charge files not CATEGORIES OF INDIVIDUALS COVERED BY THE
designated for permanent retention will RECORD SOURCE CATEGORIES:
SYSTEM: The individual to whom the record
be retained for three years following the Current and former Commissioners,
fiscal year in which they were closed. pertains.
(For example,if a charge was closed on General Counsels and Commission
March 31,2014,in FY 2014,the three- officials. EEOC-5
year retention period would begin on CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM NAME:
October 1,2014,which is the first day Includes for each the name,date and Correspondence and
of FY 2015.)These non-permanent files place of birth,education,employment Communications.
will be retained for one year in the histo and other biographical
EEOC field office where the charge of SYSTEM LOCATION:
discrimination was filed.Afterwards, informationAll locations listed in appendix A and
the non-permanent files will be AUTHORITY FOR MAINTENANCE OF THE SYSTEM: all headquarters offices,131 M Street
transferred to the Federal Records 44 U.S.C.3101,42 U.S.C.2000e-4. NE.,Washington,DC 20507.
Center(FRC).The FRC will destroy the CATEGORIES OF INDIVIDUALS COVERED BY THE
files after the three-year retention period PURPOSE: SYSTEM:
is met.Permanent files will be retained This system is maintained for the Charging parties,members of the
in the field office for three years and purpose of providing information about general public,members of Congress
then transferred to FRC.FRC will EEOC officials to members of the and current and former federal
transfer the files to the National Congress and the public. employees who seek information or
Archives and Records Administration
(NARA)for permanent retention when ROUTINE USES OF RECORDS MAINTAINED IN THE assistance from EEOC.
eligible. SYSTEM,INCLUDING CATEGORIES OF USERS AND CATEGORIES OF RECORDS IN THE SYSTEM:
Closed non-permanent private sector THE PURPOSES OF SUCH USES:
p p a.Inquiries from members of
charge files that are the subject of These records and information in
g 1 these records may be used Congress,the White House and
Freedom of Information Act(FOIA) a.To answer public and congressional members of the general public,
requests are retained for six years after including current and former federal
the FOIA response is provided.The files inquiries regarding EEOC employees.
will be transferred to FRC one year after Commissioners,General Counsels and EOC responses to the above
completion of all actions taken under Commission officials. inquiries.
FOIA/Privacy Act.Alternatively,the POLICIES AND PRACTICES FOR STORING, c.Computer tracking system
files may be included as part of the RETRIEVING,ACCESSING,RETAINING,AND indicating the dates inquiries are
permanent files retained by the EEOC DISPOSING OF RECORDS IN THE SYSTEM: received,to whom and when they are
field office. STORAGE: assigned for response and the dates they
Closed private sector charge files that Stored electronically. are answered.
are the subject of a Section 83 request
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
are retained for six years after the RETRIEVABILITY: 44 U.S.C.3101;42 U.S.C.2000e-4.
Section 83 response is provided.The Indexed by last name of the
files will be transferred to FRC one year Commissioner,General Counsel or PURPOSE:
after completion of all actions taken Commission official. This system is maintained for the
under FOIA/Privacy Act.Alternatively, purpose of responding to inquiries from
the files may be included as part of the SAFEGUARDS: members of Congress and the public
permanent files retained by the EEOC Files are kept in the Office of seeking information or assistance.
field office. Communications and Legislative
SYSTEM MANAGER(S)AND ADDRESS: Affairs,which is locked evenings, ROUTINE USES OF RECORDS MAINTAINED IN THE
Weekends,and holidays. SYSTEM INCLUDING CATEGORIES OF USERS AND
Director of the office in the field THE PURPOSES OF SUCH USES:
where the charge was filed(see RETENTION AND DISPOSAL: These records and information in
Appendix A).Director of the Office of Maintained permanently. these records may be used:
81122 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
a.To provide information to a EEOC-6 by an individual who has requested
congressional office from the record of access to or amendment of information.
an individual in response to an inquirySYSTEM NAME:
pFreedom of Information Act and b.To provide information to a federal
from the congressional office at the
request of the individual. Privacy Act Records. agency or entity that furnished the
b.T o disclose information to another record or information for the purpose of
federal SYSTEM LOCATION: permitting that agency or entity to make
fderal agency, a court,or to a party litigation before a court or in an Field Office where Freedom of a decision as to access to,or correction
in administrative proceeding being Information Act or Privacy Act request of,the record or information.
conducted by a federal agency when the was submitted(see Appendix A);Office c.To provide information to a
of Legal Counsel,Equal Employment
government is a party to the judicial or Opportunity Commission,
submitter or subject of a record or
administrative proceeding. ommssion, 131 M Street information in order to obtain assistance
NE.,Washington,DC 20507. to EEOC in making a determination as
POLICIES AND PRACTICES FOR STORING,
RETRIEVING,ACCESSING,RETAINING,AND CATEGORIES OF INDIVIDUALS COVERED BY THE to access or amendment.
DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM: d.To provide information to the
STORAGE: Persons who submit Freedom of National Archives and Records
These records are maintained in file Information Act(FOIA)and Privacy Act Administration,Office of Government
cabinets and electronically. requests and administrative appeals to Information Services(OGIS),to the
the Equal Employment Opportunity extent necessary to fulfill its
RETRIEVABILITY: Commission(EEOC);and persons whose responsibilities under 5 U.S.C.552(h)to
Computer entries are retrievable by requests and/or records have been review federal agency policies,
name of author of a letter,by subject,by submitted to EEOC by other agencies. procedures,and compliance with the
key word,by reference number,by CATEGORIES OF RECORDS IN THE SYSTEM: FOIA,and to facilitate OGIS's offering of
name of person to whom assigned,and mediation services to resolve disputes
created or compiled in response to FOIA
by dates assigned,due,and answered. This system consists records between persons making FOIA requests SAFEGUARDS: or Privacy Act requests and and federal agencies.
These records are kept in a secured administrative appeals,including the e.To provide information to
area to which only authorized personnel original requests and administrative contractors,experts,consultants,
have access.Access to and use of these appeals,responses to such requests and students,and others performing or
records is limited to those persons administrative appeals,all related working on a contract,service,or other
whose official duties require such memoranda,correspondence,notes and assignment for the federal government,
access.The premises are locked when other related or supporting when necessary to accomplish an
authorized personnel are not on duty. documentation,and,in some instances, agency function related to this system of
Access to electronic records is limited, copies of requested records and records records.
through use of usernames and under administrative appeal. f.To provide information to a
passwords,to those whose official AUTHORITY FOR MAINTENANCE OF THE SYSTEM: congressional office from the record of
duties require access. 5 U.S.C.301;44 U.S.C.3101;5 U.S.0 the individual in response to an inquiry RETENTION AND DISPOSAL: 552;and 5 1U.S.C.552a. from that congressional office made at
the request of that individual.
Records are maintained for three years
from the date of the last communication
PURPOSE(S): g.To disclose information to another
and then destroyed.Tracking system This system is maintained for the federal agency,to a court,or to a party
information is maintained in the purpose of processing requests and in litigation before a court or in an
computer for four years. administrative appeals under the FOIA, administrative proceeding being
and access and amendment requests and conducted by a federal agency when the
SYSTEM MANAGER AND ADDRESS: administrative appeals under the government is a party to the judicial or
Director of each Commission office in Privacy Act;for the purpose of administrative proceeding.
the field and Headquarters office. (See participating in litigation regarding h.To disclose pertinent information
Appendix A.) agency action on such requests and
appeals;and for the purpose of assisting to the appropriate federal,state,or local
NOTIFICATION PROCEDURE: EEOC in carrying out any other agency responsible for investigating,
Inquiries concerning this system of responsibilities under the FOIA and the Prosecuting,enforcing,or implementing
records should be addressed to the Privacy Act. a statute,rule,regulation,or order,
system manager.All inquiries should when the EEOC becomes aware of an
furnish the full name of the individual ROUTINE USES OF RECORDS MAINTAINED IN THE indication of a violation or potential
and the mailing address to which the SYSTEM,INCLUDING CATEGORIES OF USERS AND violation of civil or criminal law or
reply should be mailed. THE PURPOSES OF SUCH USES: regulation.
RECORD ACCESS PROCEDURES: These records and information in i.To disclose in response to a request
these records may be used: for discoveryor forappearance of a
Same as above. a.To provide information to a federal,
CONTESTING RECORDS PROCEDURES: state,local,or foreign agency or entity witness,information that is relevant to
Same as above. for the purpose of consulting with that the subject matter involved in the
agency or entity to enable the EEOC to Pending judicial or administrative
RECORD SOURCE CATEGORIES: make a determination as to the propriety Proceeding.
Members of Congress,their staffs,the of access to,or correction of, DISCLOSURE TO CONSUMER REPORTING
White House,charging parties,members information,or for the purpose of AGENCIES:
of the general public,current and former verifying the identity of an individual or
federal employees. the accuracy of information submitted None.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81123
POLICIES AND PRACTICES FOR STORING, referred to EEOC requests concerning Department of Treasury pursuant to 5
RETRIEVING,ACCESSING,RETAINING,AND EEOC records. U.S.C.5516,5517 or 5520,or in
DISPOSING OF RECORDS IN THE SYSTEM: response to a written request from an
STORAGE: EEOC-7 appropriate official of the taxing
Records in this system are stored on SYSTEM NAME: jurisdiction.The request must include a
paper and/or in electronic form. Employee Pay and Leave Records. copy of the applicable statute or
ordinance authorizing the taxation of
RETRIEVABILITY: SYSTEM LOCATION: compensation and should indicate
Records are retrieved by the name of All locations listed in Appendix A. whether the authority of the jurisdiction
the requester or appellant;the number to tax the employee is based on place of
assigned to the request or appeal;and, CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: residence,place of employment,or
in some instances,the name of the both.
attorney representing the requester or Current and former employees of c.To disclose copies of executed city
appellant or the name of the EEOC EEOC. tax withholding certificates to a city
personnel assigned to handle such CATEGORIES OF RECORDS IN THE SYSTEM' pursuant to a withholding agreement
requests and appeals. Time and attendance records;leave between the city and the Department of
the Treasury(5 U.S.C.m an In response
SAFEGUARDS: records(includes employee name,
branch or office,pay period ending, ca written request from an appropriate
Information in this system is cit official.
safeguarded in accordance with leave and overtime used during the pay d.To disclose the social security
applicable laws,rules,and policies, period);requests for leave(earned or number only,in the absence of a
including EEOC's automated systems advance)or leave of absence;requests withholding agreement,to a taxing
security and access policies.Records for an authorization of overtime;annual jurisdiction that has furnished this
attendance record(indicates name,
and electronic equipment are agency with evidence of its independent
maintained in buildings with restricted social security number,service authority to compel disclosure of the
access.The required use of password computation date,hours and dates social security number,in accordance
protection identification features and Forked and taken as leave,pay plan, with section 7 of the Privacy Act,5
other system protection methods also salary and occupation code,grade,leave U.S.C.552a note.
restrict access.Access is limited to those earned and used);thrift savings plan e.To disclose pertinent information to
EEOC officers and employees who have Participation,deductions for Medicare, the appropriate federal,state,or local
an official need for access to perform FICA,taxes,life,health,and long term agency responsible for investigating,
their duties. care insurance,union contributions, prosecuting,enforcing,or implementing
charitable contributions,savings a statute,rule,regulation,or order,
RETENTION AND DISPOSAL: allotments and bond issuance and bond where EEOC becomes aware of an
Records are retained and disposed of balance. indication of a violation or potential
in accordance with the National AUTHORITY FOR MAINTENANCE OF THE SYSTEM: violation of civil or criminal law or
Archives and Records Administration's 5 U.S.C.301;44 U.S.C.3101. regulation.
General Records Schedule 14. f.To disclose to an agency in the
SYSTEM MANAGER(S)AND ADDRESS: PURPOSE: executive,legislative,or judicial branch
e th
here
Director of the field office we The records in this system are or the District of Columbia's
Freedom of Information Act w Privacy maintained in accordance with the Government information in connection
y requirements set forth by statutes, with the hiring of an employee,the
Act request was submitted(see regulations and guidance from the issuance of a security clearance,the
Appendix A)or the Legal Counsel, 131 Office of Personnel Management,the conducting of a security or suitability
M Street NE.,Washington,DC 20507. General Services Administration,and investigation of an individual,the
NOTIFICATION PROCEDURE: the Thrift Savings Board.They are classifying of jobs,the letting of a
Inquiries concerning this system of maintained for the purpose of providing contract,the issuance of a license,grant,
records should be addressed to the salaries and other benefits to EEOC or other benefits by the requesting
system manager.All inquiries should employees. agency,or the lawful statutory,
furnish the full name of the individual administrative,or investigative purpose
and the mailing address or email ROUTINE USES OF RECORDS MAINTAINED IN THE of the agency to the extent that the
g SYSTEM,INCLUDING CATEGORIES OF USERS AND information is relevant and necessary to
address to which the reply should be THE PURPOSES OF SUCH USES: the requesting agency's decision.
mailed. These records and information in g.To disclose to an authorized appeal
RECORD ACCESS PROCEDURES: these records may be used: grievance examiner,formal complaints
Same as above. a.To provide information to a examiner,administrative judge,equal
congressional office from the record of employment opportunity investigator,
CONTESTING RECORDS PROCEDURES: an individual in response to an inquiry arbitrator,or other duly authorized
Same as above. from the congressional office made at official engaged in investigation or
the request of the individual. settlement of a grievance,complaint,or
RECORD SOURCE CATEGORIES: b.To provide a copy of an employee's appeal filed by an employee..
Individuals who submit initial Department of the Treasury Form W-2, h.To disclose to the Office of
requests and administrative appeals Wage and Tax Statement,to the state, Personnel Management in accordance
pursuant to the FOIA and the Privacy city or other local jurisdiction which is with the agency's responsibility for
Act;the agency records searched in the authorized to tax the employee's evaluation and oversight of Federal
process of responding to such requests compensation.The record will be personnel management.
and appeals;EEOC personnel assigned provided in accordance with a L To disclose to officers and
to handle such requests and appeals; withholding agreement between the employees of the Department of the
and other agencies or entities that have state,city,or other jurisdiction and the Interior in connection with
81124 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
administrative services provided to this NOTIFICATION PROCEDURE: issuance of a security clearance,the
agency under agreement with DOI. Inquiries concerning this system of conducting of a security or suitability
j.To disclose information to another records should be addressed to the investigation of an individual,the
federal agency,to a court,or to a party system manager.It is necessary to classifying of jobs,the letting of a
in litigation before a court or in an furnish the following information:(1) contract,the issuance of a license,grant,
administrative proceeding being Name and(2)mailing address to which or other benefits by the requesting
conducted by a federal agency when the the response is to be sent. agency,or the lawful statutory,
government is a party to the judicial or administrative,or investigative purpose
RECORD SOURCE CATEGORIES:
administrative proceeding. of the agency to the extent that the
k.To disclose information to the Official personnel folder,data information is relevant and necessary to
Office of Child Support Enforcement, submitted by employees and data the requesting agency's decision.
Administration for Children and submitted by the offices where the c.To disclose to an authorized appeal
Families,Department of Health and individuals are or were employed. grievance examiner,formal complaints
Human Services Federal Parent Locator EEOC-8 examiner,administrative judge,equal
system(FPLS)and Federal Tax Offset employment opportunity investigator,
system for use in locating individuals SYSTEM NAME: arbitrator,or other duly authorized
and identifying their income sources to Employee Travel and Reimbursement official engaged in investigation or
establish paternity,establish and modify Records. settlement of a grievance,complaint,or
orders of support and for enforcement appeal filed by an employee.
action. SYSTEM LOCATION: d.To disclose to the Office of
1.To disclose information to the All locations listed in Appendix A. Personnel Management in accordance
Office of Child Support Enforcement for CATEGORIES OF INDIVIDUALS COVERED BY THE with the agency's responsibility for
release to the Social Security SYSTEM: evaluation and oversight of Federal
Administration for verifying social Current and former employees.
personnel management.
security numbers in connection with the e.To disclose to officers and
operation of the FPLS by the Office of CATEGORIES OF RECORDS IN THE SYSTEM: employees of the Department of the
Child Support Enforcement. Includes travel orders,travel Interior in connection with
in.To disclose information to the vouchers,records of travel advances, administrative services provided to this
Office of Child Support Enforcement for amounts owed the agency by employees agency under agreement with DOI.
release to the Department of Treasury for travel and other purposes,amounts f.To disclose information to another
for purposes of administering the payable to the employee for travel and federal agency,to a court,or to a party
Earned Income Tax Credit Program other purposes,payments made to the in litigation before a court or in an
(Section 32,Internal Revenue Code of employees for travel and other administrative proceeding being
1986)and verifying a claim with respect reimbursable transactions,and a record conducted by a federal agency when the
to employment in a tax return. of the difference between the cost of government is a party to the judicial or
official travel as estimated in the travel administrative proceeding.
DISCLOSURE TO CONSUMER REPORTING order and the amount actually expended g•To provide information to a
AGENCIES: by the employee. congressional office from the record of
Disclosures may be made from this an individual in response to an inquiry
system to consumer reporting agencies AUTHORITY FOR MAINTENANCE OF THE SYSTEM: from the congressional office made at
as defined in the Fair Credit Reporting 31 U.S.C.3512,44 U.S.C. 3101. the request of the individual.
Act(15 U.S.C. 1681a(f))or the Federal PURPOSE: DISCLOSURE TO CONSUMER REPORTING
Claims Collection Act of 1966(31 U.S.C. These records are maintained in AGENCIES:
3701(a)(3)). accordance with the General Service Disclosures may be made from this
POLICIES AND PRACTICES FOR STORING, Administration's regulations for the system to consumer reporting agencies
RETRIEVING,ACCESSING,RETAINING,AND purpose of allowing EEOC employees to as defined in the Fair Credit Reporting
DISPOSING OF RECORDS IN THE SYSTEM: travel for official business and Act(15 U.S.C.1681a(f))or the Federal
STORAGE: reimbursing travel expenses. Claims Collection Act of 1966(31 U.S.C.
3701(a)(3)).
Stored electronically and in file ROUTINE USES OF RECORDS MAINTAINED IN THE
folders. SYSTEM,INCLUDING CATEGORIES OF USERS AND POLICIES AND PRACTICES FOR STORING,
THE PURPOSES OF SUCH USES: RETRIEVING,ACCESSING,RETAINING,AND
RETRIEVABILITY: These records and information in DISPOSING OF RECORDS IN THE SYSTEM:
Indexed by an assigned employee these records may be used: STORAGE:
code. a.To disclose pertinent information to Stored on prepared forms and
the appropriate Federal,State,or local electronically.
SAFEGUARDS: agency responsible for investigating,
Access to these records is limited to prosecuting,enforcing,or implementing RETRIEVABILITY:
employees whose official duties require a statute,rule,regulation,or order, Indexed alphabetically by name and/
such access. where EEOC becomes aware of an or chronologically by event and name.
indication of a violation or potential Access to and use of these records is
RETENTION AND DISPOSAL: violation of civil or criminal law or limited to those persons whose official
The records are destroyed after three regulation. duties require such access.Personnel
years. b.To disclose to an agency in the screening is employed to prevent
executive,legislative,or judicial branch unauthorized disclosure.Files are
SYSTEM MANAGER AND ADDRESS: or the District of Columbia's stored electronically and in standard
Director of each Commission Office Government,information in connection cabinets,safes,and secured rooms.
(See Appendix A). with the hiring of an employee,the Access to electronic records is limited,
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81125
through use of user names and include such records as documents e.To disclose a debtor's name and
passwords,to those whose official evidencing indebtedness,written identification number to the Secretary of
duties require access. demands for payment,required notices, the Treasury or his or her designee for
financial statements,medical disability the purpose of obtaining the debtor's
RETENTION AND DISPOSAL: statements,agency investigative reports, mailing address from the IRS.
These records are destroyed in credit reports,written agreements for f.To provide information to a
accordance with GSA General Records payment,intra-agency and inter-agency congressional office from the record of
Schedule 2. memoranda of consultation and opinion an individual in response to an inquir!
SYSTEM MANAGER AND ADDRESS: on the collection action,documentation from the congressional office made at
Director,Finance and Systems resulting from a hearing,requests for the request of the individual.
Services Division,Office of the Chief waiver,requests for reconsideration, g.To disclose pertinent information to
Financial Officer,EEOC, 131 M Street written determinations and decisions, the appropriate federal,state,or local
NE.,Washington,DC 20507, certifications of indebtedness by this or agency responsible for investigating,
another agency,counterclaims, prosecuting,enforcing,or implementing
NOTIFICATION PROCEDURE: judgments,and documents evidencing a statute,rule,regulation,or order,
Employees of the Commission payment or compromise of the debt. where EEOC becomes aware of an
wishingto know whether information indication of a violation or potential
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
about them is maintained in this system violation of civil or criminal law or
5 U.S.C.301,5514,5522,5584,5705,
of records should address inquiries to regulation.
the Director of the Office where 5724(f);15 U.S.C. 1692;26 U.S.C.6331; h.To disclose to an agency in the
employed(see Appendix A).The 31 U.S.C.3701,3702,3711,3716,3717, executive,legislative,or judicial branch
individual should provide his or her full 3718,3719;44 U.S.C.3101;4 CFR parts or the District of Columbia's government
91-93, 101-105. in response to its request,or at the
name,date of birth,and mailing p q
address. PURPOSE: initiation of the agency maintaining the
records,information In connection with
RECORD ACCESS PROCEDURES: This system is maintained for the
purpose of collecting debts owed the the hiring of an employee,the issuance
Same as above. of a security clearance,the conducting;
United States by individuals as a result of a security or suitability investigation
CONTESTING RECORD PROCEDURES: of their interaction with the of an individual,the classifying of jobs,
Same as above. Commission or another federal agency. the letting of a contract,the issuance of
The debts are collected in accordance a license,grant,or other benefit by the.
RECORD SOURCE CATEGORIES: with the Commission's regulatory debt requesting agency,or the lawful
Bills,receipts,and claims presented collection procedures,which include statutory,administrative,or
by employees and original data salary offset,administrative offset, investigative purpose of the agency to
generated by the Commission. Federal income tax refund offset,and the extent that the information is
EEOC-9 wage garnishment. relevant and necessary to the requesting
ROUTINE USES OF RECORDS MAINTAINED IN THE agency's decision.
SYSTEM NAME: SYSTEM,INCLUDING CATEGORIES OF USERS AND i.To disclose to officers and
Claims Collection Records. THE PURPOSES OF SUCH USES: employees of the Department of the
SYSTEM LOCATION: These records and information in Interior Business Center,in connection
these records may be used: with administrative services provided to
These records are located in the a.To disclose information to this agency under agreement with DOI.
Finance and Systems Services Division, appropriate officials and employees of
Office of Chief Financial Officer,Equal te Department of Justice for the RETRIEVING,ACCESSINGSRETAS ING,FORNAND
Employment Opportunity Commission, purposes of litigation and forced DISPOSING OF RECORDS IN THE SYSTEM:
131 M Street NE.,Washington,DC collection on administratively
20507. uncollected debts. STORAGE:
CATEGORIES OF INDIVIDUALS COVERED BY THE b.To disclose information to These records are maintained in file
SYSTEM: appropriate officials of the Department folders and electronically.
Any individual who is indebted to the of the Treasury and the Office of RETRIEVABILITY:
United States as a result of his or her Management and Budget to provide These records are indexed by the
interaction or financial activities with reports on debt collection activities. name of the individual.
the Commission or another federal c.To disclose information to another
agency including,but not limited to, federal agency for the purpose of SAFEGUARDS:
any current or former Commission collecting a debt owed to the Records are maintained and stored in
employee. Commission by an individual through file cabinets in a secured area and
EEOC's debt collection procedures electronically to which only authorized
CATEGORIES OF RECORDS IN THE SYSTEM: undertaken by the other agency upon personnel have access.Access to and
This system contains: proper certification or evidence of the use of these records is limited to those
Debtor Files.These files contain debt owed from the Commission. persons whose official duties require
information and evidence on the d.To disclose information to another such access.
identity and location of the individual federal agency for the purpose of
who is subject to a claim,the origin and collecting a debt owed to that agency by RETENTION AND DISPOSAL:
amount of the indebtedness,decisions an individual through EEOC's debt Individual case files are usually
and determinations regarding a claim, collection procedures undertaken by the retained for two years after the claim is
actions taken to collect a claim,and the Commission upon proper certification collected.Case records on individuals
results of those actions.Depending on or evidence of the debt owed from the whose delinquent debts are reported to
the status of a claim,a case file may other agency. consumer reporting agencies are
81126 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
retained indefinitely.Other case files interviews and hearings,examiners' an individual in response to an inquiry
may be maintained for a period up to findings and recommendations,a copy from that congressional office made at
ten years.IRS Mailing Address Index on of the original and final decision,and the request of that individual.
any individual is not maintained related correspondence and exhibits. f.To disclose to an authorized appeal
beyond six years. This system includes files and records grievance examiner,formal complaints
SYSTEM MANAGER AND ADDRESS: of internal grievance and arbitration examiner,administrative judge,equal
systems that EEOC has or may establish employment opportunity investigator,
Director,Finance and Systems through negotiations with recognized arbitrator,or other duly authorized
Services Division,Office of Chief labor organizations. official engaged in investigation or
Financial Officer Equal Employment settlement of a grievance,complaint,or
Opportunity Commission, 131 M Street AUTHORITY FOR MAINTENANCE OF THE SYSTEM: appeal filed by an employee.
NE.,Washington,DC 20507. 5 U.S.C.301;44 U.S.C.3101;5 U.S.C. g.To disclose in response to a request
NOTIFICATION PROCEDURES: 7121• for discovery or for appearance of a
witness,information that is relevant to
Under the Debt Collection Act, PURPOSE: the subject matter involved in a pending
individuals are notified if claims These records result from EEOC judicial or administrative proceeding.
collection records are maintained on employees'grievances,filed under the h.To provide information to officials
them in accordance with statutory Commission's administrative grievance of labor organizations recognized under
procedures for debt collection. procedures or the formal grievance the Civil Service Reform Act when
Individuals may also contact the System procedures contained in section 7121 of relevant and necessary to their duties of
Manager in order to obtain notification the Civil Service Reform Act. exclusive representation concerning
of claims collection records on personnel policies,practices,and
themselves. ROUTINE USES OF RECORDS MAINTAINED IN THE p p
Individuals must provide their full
SYSTEM,INCLUDING CATEGORIES OF USERS AND matters affecting work conditions.names under which records may be THE PURPOSES OF SUCH USES: POLICIES AND PRACTICES FOR STORING,
maintained,and a mailing address to These records and information in RETRIEVING,ACCESSING,RETAINING,AND
which a reply should be sent. these records may be used: DISPOSING OF RECORDS IN THE SYSTEM:
a.To disclose information to any STORAGE:
RECORD ACCESS PROCEDURES: source from which additional
Same as above. information is requested in the course of These records are maintained in file
processing a grievance,to the extent folders and electronically.
CONTESTING RECORD PROCEDURES: necessary to identify the individual, RETRIEVABILITY:
Same as above. inform the source of the purpose(s)of These records are retrieved by
RECORD SOURCE CATEGORIES: the request,and identify the type of grievance numbers and the names of the
Information in this system of records information requested. individuals on whom they are
is provided by or from: b.To disclose pertinent information maintained.
a.The individual on whom the record to the appropriate federal,state,or local
agency responsible for investigating, SAFEGUARDS:
is maintained; prosecuting,enforcing,or implementing These records are maintained in
b.Other Federal agencies; a statute,rule,regulation,or order, lockable metal filing cabinets to which
c.Personnel,payroll,travel records, where EEOC becomes aware of an only authorized personnel have access.
contract records,or other records; indication of a violation or potential Access to electronic records is limited,
e.Court records..Administrative hearings; violation of civil or criminal law or through use of usernames and
eregulation. passwords,to those whose official
EEOC-10 c.To disclose to an agency in the duties require access.
executive,legislative,or judicial branch RETENTION AND DISPOSAL:
SYSTEM NAME: or the District of Columbia's
Grievance Records. government,information in connection These records are shredded or burned
3 years after closing the case.
with the hiring of an employee,the
SYSTEM LOCATION: issuance of a securityclearance,the
These records are located in the Office SYSTEM MANAGER AND ADDRESS:
of the Chief Human Capital Officer, conducting of a security or suitability If the grievance is pending at or was
investigation of an individual,the never raised beyond the Ste 1 or Ste
Equal Employment Opportunity classifying of'obs,the lettingof a y p p
Commission, 131 M Street NE., y g 1 2 level,the system manager is the office
Washington,DC 20507,and in other contract,the issuance of a license,grant, director,administrative officer,or
or other benefits by the requesting district resource mane er. See
headquarter offices and offices in the g
field where the grievances were filed agency, the lawful statutory, Appendix A.)For grievances that were
(see Appendix A). administrative,or investigative purpose raised beyond Step 2,the system
of the agency to the extent that the manager is the Chief Human Capital
CATEGORIES OF INDIVIDUALS COVERED BY THE information is relevant and necessary to Officer,EEOC, 131 M Street NE.,
SYSTEM: the requesting agency's decision. Washington,DC 20507.
Current or former EEOC employees d.To disclose information to another
who have submitted grievances to the federal agency,to a court,or to a party NOTIFICATION PROCEDURES:
EEOC,or pursuant to a negotiated in litigation before a court or in an It is required that individuals
procedure. administrative proceeding being submitting grievances be provided a
conducted by a federal agency when the copy of the record under the grievance
CATEGORIES OF RECORDS IN THE SYSTEM: government is a party to the judicial or process.They may,however,contact the
The system contains all documents administrative proceeding. agency personnel or designated office
related to the grievance,including e.To provide information to a where the action was processed
statements of witnesses,reports of congressional office from the record of regarding the existence of such records
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81127
regarding them.They must furnish the documentation of adverse actions taken settlement of a grievance,complaint,or
following information for their records by the Commission against appeal filed by an employee.
to be located and identified: (a)Name; nonpreference-eligible,excepted service POLICIES AND PRACTICES FOR STORING,
(b)approximate date of closing of the EEOC employees.
RETRIEVING,SAFEGUARDING,RETAINING,AND
case and kind of action taken; (c) ROUTINE USES OF RECORDS MAINTAINED IN THE DISPOSING OF RECORDS IN THE SYSTEM:
organizational Component involved. SYSTEM,INCLUDING CATEGORIES OF USERS AND
STORAGE:
RECORDS ACCESS PROCEDURES: THE PURPOSES OF SUCH USES: These records are maintained in file
Same as above. These records and information in folders and electronically.
records may be used:
CONTESTING RECORD PROCEDURES:
a.To provide information to officials RETRIEVABILITY:
Same as above. of labor organizations recognized under These records are retrieved by the
RECORD SOURCE CATEGORIES: 5 U.S.C.Chapter 71 when relevant and names of the individuals on whom they
Information in this system of records necessary to their duties of exclusive are maintained.
is provided: representation concerning personnel
P SAFEGUARDS:
a.By the individual on whom the policies,practices,and matters affecting
record is maintained; work conditions. These records are maintained in
b.By testimony of witnesses; b.To disclose pertinent information locked metal filing cabinets to which
c.By agency officials; to the appropriate federal,state,or local only authorized personnel have access.
d.From related correspondence from agency responsible for investigating, Access to electronic records is limited,
organizations or persons. prosecuting,enforcing,or implementing through use of usernames and
a statute,rule,regulation,or order, passwords,to those whose official
EEOC-11 when the EEOC becomes aware of an duties require access.
indication of a violation or potential
SYSTEM NAME: RETENTION AND DISPOSAL:
Records of Adverse Actions Against violation of civil or criminal law or Records documenting an adverse
Nonpreference Eligibles in the Excepted regulation. action are disposed of 4 years after the
Service. c.To disclose information to any closing of the case.
source from which additional
SYSTEM LOCATION: information is requested for processing SYSTEM MANAGER AND ADDRESS:
These records are located in Office of any of the covered actions or in regard Chief Human Capital Officer,and
Chief Human Capital Officer,Equal to any appeal or administrative review Directors of offices in the field(see
Employment Opportunity Commission, procedure,to the extent necessary to Appendix A).
131 M Street NE.,Washington,DC identify the individual,inform the
20507 or in the headquarters and offices source of the purpose(s)of the request, NOTIFICATION PROCEDURES:
in the field in which the actions have and identify the type of information Individuals receiving notice of a
been taken. requested. proposed action are provided access to
d.To disclose information to a federal all documents supporting the notice.
CATEGORIES OF INDIVIDUALS COVERED BY THE agency,in response to its request,in They may also contact the personnel
SYSTEM: connection with the hiring or retention office where the action was processed
Current or former nonpreference- of an employee,the issuance of a regarding the existence of such records
eligible,excepted service Equal security clearance,the conducting of a on them.They must furnish the
Employment Opportunity Commission security or suitability investigation of an following information for their records
(EEOC)employees against whom an individual,or the classifying of jobs,to to be located and identified:
adverse action has been proposed or the extent that the information is a.Name
taken and who have not completed two relevant and necessary to the requesting b.Approximate date of closing of case
years of current and continuous service agency's decision on the matter. and kind of action taken
in the same or similar positions. [This e.To provide information to a c.Organizational component
system covers only those adverse action congressional office from the record of involved.
files not covered by OPM/GOVT-3.1 an individual in response to an inquiry RECORD ACCESS PROCEDURES:
CATEGORIES OF RECORDS IN THE SYSTEM: from that Congressional office made at
the request of that individual. Same as above.
This system contains records and fTo disclose information to another
documents on the processing of adverse - CONTESTING RECORD PROCEDURES:
actions for employees who are fe .deral agency,to a court,or to a party Same as above.
reference eligible in the excepted in litigation before a court or in an
non
p g p administrative proceeding being RECORD SOURCE CATEGORIES:
service and who do not have two years conducted by a federal agency when the Information in this system of records
of continuous service in their positions. government is a party to the judicial or is provided:
The records include copies of the notice administrative proceeding. a.By the individual on whom the
of proposed action,materials relied on g.To disclose,in response to a request record is maintained
by the agency to support the reasons in for discovery or for appearance of a b.By witnesses
the notice,replies by the employee, witness,information that is relevant to c.By agency officials.
agency
statements
odecisf i nesses,reports,and the subject matter involved in a pending EEOC-12
judicial,or administrative proceeding.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: h•To disclose to an authorized appeal SYSTEM NAME:
44 U.S.C.3101. grievance examiner,formal complaints Telephone Call Detail Records.
examiner,administrative judge,equal
PURPOSE: employment opportunity investigator, SYSTEM LOCATION:
These records result from the arbitrator,or other duly authorized Telecommunications Manager,
proposal,processing,and official engaged in the investigation or Customer Services Management
81128 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
Division,Office of Information in response to its request,or at the RECORD SOURCE CATEGORIES:
Technology,EEOC, 131 MM Street NE., initiation of the EEOC,information in Telephone assignment records;call
Washington DC 20507,and each office connection with the hiring of an detail listings;results of administrative
in the field listed in Appendix A. employee,the issuance of a security inquiries relating to assignment of
CATEGORIES OF INDIVIDUALS COVERED BY THE clearance,the conducting of a security responsibilities for placement of specific
SYSTEM: or suitability investigation of an local and long distance calls.on
Individuals(generally EEOC individual,the classifying of jobs,the government phone card bills
employees)who made telephone calls letting of a contract,the issuance of a EEOC-13
from EEOC telephones,individuals who license,grant or other benefits by the
requesting agency,or the lawful SYSTEM NAME:
received telephone calls from,or statutory,administrative,or Employee Identification Cards.
charged to,EEOC telephones.,and investigative purpose of the agency to
individuals who are assigned U.S. the extent that the information is SYSTEM LOCATION:
government phone cards by EEOC. relevant and necessary to the requesting Operations Services Division,Office
CATEGORIES OF RECORDS IN THE SYSTEM: agency's decision. of the Chief Human Capital Officer,
Records relating to the use of EEOC L To disclose to a telecommunications EEOC, 131 M Street NE.,Washington
telephones and government phone cards company providing telecommunications DC 20507,and each of the field offices
to make calls;records indicating the support to permit servicing the account. in Appendix A.
assignment of telephone numbers to POLICIES AND PRACTICES FOR STORING, CATEGORIES OF INDIVIDUALS COVERED BY THE
employees;records relating to the RETRIEVING,ACCESSING,RETAINING,AND SYSTEM:
location of telephones. DISPOSING OF RECORDS IN THE SYSTEM: Current EEOC employees,and other
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: STORAGE: individuals who require regular,
44 U.S.C.3101. These records are maintained in file ongoing access to EEOC facilities or
folders and electronically. information technology systems
PURPOSE: including,but not limited to,federal
These records are maintained for the RETRIEVABILITY: employees,contractors,interns,
purpose of keeping an account of Records are retrieved by employee volunteers,and individuals formerly in
telephone calls made from EEOC name or identification number and by any of these positions.This system does
telephones and ensuring that phone name of recipient of telephone call or not apply to occasional or short-term
calls and card charges are made for telephone number. visitors.
official business only. SAFEGUARDS: CATEGORIES OF RECORDS IN THE SYSTEM:
ROUTINE USES OF RECORDS MAINTAINED IN THE Records are maintained and stored in Records maintained on individuals
SYSTEM,INCLUDING CATEGORIES OF USERS AND file cabinets in a secured area to which issued identification cards,including
THE PURPOSES OF SUCH USES: Only authorized personnel have access. Personal Identification Verification
These records and information from Access to electronic records is limited, (PIV)cards,by EEOC include the
these records may be used: through use of usernames and following information:Full name;
a.To provide information to a passwords,to those whose official signature;social security number;date
congressional office from the record of duties require access. of birth;photograph;fingerprints;hair
an individual in response to an inquiry color;eye color;height;weight;office of
from that congressional office made at RETENTION AND DISPOSAL: assignment;telephone number;copy of
the request of that individual. Records are disposed of as provided background investigation form;card
b.To disclose to representatives of the in the National Archives and Records issue and expiration dates;personal
General Services Administration or the Administration's General Records identification number;results of
National Archives and Records Schedule 12. background investigation;PIV request
Administration who are conducting SYSTEM MANAGER AND ADDRESS: form;PIV registrar approval signature;
records management inspections under PIV card serial number;and a list of all
the authority of 44 U.S.C.2904 and Telecommunications Manager, persons who possess current
2906. Customer Services Management identification cards.In addition,for
c.To disclose information to another Division,Office of Information office locations permitting access by
federal agency,to a court,or to aart Technology,EEOC, 131M Street NE.,
in litigation on before a court or in an y Washington DC,20507 and the Directors proximity cards,numbered proximity
g f the field offices listed in Appendix A. cards and a list of all persons with their
oe
administrative proceeding being pp assigned proximity card numbers,all
conducted by a federal agency when the NOTIFICATION PROCEDURES: doors controlled by the proximity cards,
government is a party to the judicial or Inquiries concerning this system of and all persons permitted access to each
administrative proceeding. records should be addressed to the door.
d.To disclose pertinent information system manager.It is necessary to
to the appropriate federal,state,or local y g AUTHORITY FOR MAINTENANCE OF SYSTEM:
provide the following information:(1)
agency responsible for investigating, e)telephone number(office 44 U.S.C.3101;41 CFR 101-20.3.
Name;(2
prosecuting,enforcing,or implementing number) Commission employeec (3) 5 U.S.C.301;Federal Information
a statute,rule,regulation,or order, mailing address to which response is to Security Act(Pub.L. 104-106,5113):;
where the disclosing agency becomes be sent. Electronic Government Act(Pub.L.
aware of an indication of a violation or 104-347,203);Homeland Security
potential violation of civil or criminal RECORD ACCESS PROCEDURES: Presidential Directive(HSPD)12,Policy
law or regulation. Same as above. for Common Identification Standard for
e.To disclose to an agency in the Federal Employees and Contractors,
executive,legislative,or judicial branch CONTESTING RECORD PROCEDURES: August 27,2004;and Office Of
or the District of Columbia's government Same as above. Personnel Management Memorandum,
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81129
Final Credentialing Standards for through use of usernames and CATEGORIES OF RECORDS IN THE SYSTEM:
Issuing Personal Identity Verification passwords,to those whose official The system contains all documents
Cards under HSPD-12,July 31,2008. duties require access. related to a complaint or report of
PURPOSE: RETENTION AND DISPOSAL: harassment,including statements of
These records are maintained for the Records are destroyed not later than witnesses,reports of interviews,
purpose of ensuring that EEOC offices five years after the separation or transfer investigator's and Coordinator's findings
and information systems are secure and of the employee.In accordance with and recommendations,final decisions
that only authorized individuals have HSPD-12,PIV cards are deactivated and corrective action taken,and related
access to those offices and systems. within 18 hours of cardholder correspondence and exhibits.
separation,loss of card,or expiration. AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
ROUTINE USES RECORDS MAINTAINED IN THE The information on PIV cards is 29 U.S.C.633a;29 U.S.C. 791;42
SYSTEM,INCLUDING CATEGORIES OF USERS AND maintained in accordance with General
THE PURPOSES OF SUCH USES: U.S.C.2000e-16;44 U.S.C.3101;Exec„
These records and information from Records Schedule 11,Item 4.PIV cards Order No. 11478,34 FR 12985;Exec.
these records may be used: are destroyed by cross-cut shredding no Order No. 13087,63 FR 30097.
a.To provide information to a later than 90 days after deactivation. PURPOSE:
congressional office from the record of SYSTEM MANAGER AND ADDRESS: These records are maintained for the
an individual in response to an inquiry Director,Operations Services purpose of conducting internal
from that congressional office made at Division,Office of the Chief Human investigations into allegations of
the request of that individual. Capital Officer,EEOC,131 M Street NE., harassment brought by current or former
b.To disclose to other government Washington DC 20507,and the Directors EEOC employees,contractors,
agencies and to the public whether an of the field offices listed in Appendix A. applicants,interns,and volunteers and
individual is a current employee of the
EEOC. NOTIFICATION PROCEDURES: taking appropriate action in accordance
c.To disclose information to another Inquiries concerning this system of with EEOC Order 560.005.
federal agency,to a court,or to a party records should be addressed to the ROUTINE USES OF RECORDS MAINTAINED IN THE
in litigation before a court or in an system manager.It is necessary to SYSTEM,INCLUDING CATEGORIES OF USERS AND
administrative proceeding being provide the following information:(1) THE PURPOSES OF SUCH USES:
conducted by a federal agency when the Name;(2)date of birth;and(3)mailing These records and information in
government is a party to the judicial or address to which the response is to be these records may be used:
administrative proceeding. sent. a.To disclose information as
d.To disclose pertinent information RECORD ACCESS PROCEDURES: necessary to any source from which
to the appropriate federal,state,or local Same as above. additional information is requested in
agency responsible for investigating, the course of processing a complaint or
prosecuting,enforcing,or implementing CONTESTING RECORD PROCEDURES: report of harassment made pursuant to
a statute,rule,regulation,or order, Same as above. EEOC Order 560.005.
where EEOC becomes aware of an b.To disclose pertinent information
indication of a violation or potential RECORD SOURCE CATEGORIES: to the appropriate federal,state,or local
violation of civil or criminal law orInformation contained in this system agency responsible for investigating,
regulation. is obtained from the employee or prosecuting,enforcing,or implementing
e.To disclose information to agency contractor;other federal agencies, a statute,rule,regulation,or order,
contractors who have been engaged to contract employer;or former employer. when the EEOC becomes aware of an
assist the agency in the performance of EEOC-14 indication of a violation or potential
a contract or other activity related to violation of civil or criminal law or
this system of records and who need to Reserved regulation.
have access to the records in order to EEOC-15 c.To disclose information to another
perform their activity. federal agency,to a court,or to a party
f.To notify another federal agency SYSTEM NAME: in ligation before a court or in an
when,or verify whether,a PIV card is Internal Harassment Inquiries. administrative proceeding being
no longer valid. conducted b a federal agency when t e
SYSTEM LOCATION: y fdg y
POLICIES AND PRACTICES FOR STORING, Office of the Chief Human Capital government is a party to the judicial or
RETRIEVING,ACCESSING,RETAINING,AND Officer,Equal Employment Opportunity administrative proceeding.
DISPOSING OF RECORDS IN THE SYSTEM: Commission,131 M Street NE., d.TO provide information to a
STORAGE: Washington,DC 20507. congressional office from the record of
These records are maintained in paper an individual in response to an inquiry
files and In electronic media. CATEGORIES OF INDIVIDUALS COVERED BY THE from that congressional office made at
SYSTEM: the request of that individual.
RETRIEVABILITY: Current or former EEOC employees, e.To disclose to an authorized appeal
Records are retrieved by name,social contractors,applicants,interns,and grievance examiner,formal complaints
security number,other ID number,PIV volunteers who have submitted examiner,administrative judge,equal
card serial number,photograph,or complaints or reports of harassment employment opportunity investigator,
fingerprint. under EEOC Order 560.005,Prevention arbitrator,or other duly authorized
and Elimination of Harassment in the official engaged in investigation or
SAFEGUARDS: Workplace,and current and former settlement of a grievance,complaint,or
Records are maintained and stored in EEOC employees,contractors, appeal filed by an employee.
file cabinets in a secured area to which applicants,interns,and volunteers who f.To disclose to the individual who
only authorized personnel have access. have been accused of harassment under filed the complaint or report of
Access to electronic records is limited, that Order. harassment and to the alleged harasser
81130 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
the outcome of any inquiry that may CATEGORIES OF INDIVIDUALS COVERED BY THE and source for information necessary to
have been conducted and of SYSTEM: fulfill the reporting requirements of the
disciplinary and corrective steps taken. Individuals who are subjects of Inspector General Act,5 U.S.C.App. 3.
g.To provide to officials of labor investigations by the Office of Inspector ROUTINE USES OF RECORDS MAINTAINED IN THE
organizations recognized under the Civil General relating to the programs and SYSTEM,INCLUDING CATEGORIES OF USERS AND
Service Reform Act information to operations of the Equal Employment PURPOSES OF SUCH USES:
which they are statutorily entitled when Opportunity Commission.Subject a.To disclose pertinent information to
relevant and necessary to their duties of individuals include,but are not limited the appropriate federal,state,or local
exclusive representation concerning to,current and former employees; agency responsible for investigating,
personnel policies,practices,and current and former agents or employees prosecuting,enforcing,or implementing
matters affecting work conditions. of contractors and subcontractors in
h.To provide to the alleged harasser their personal capacity,where a statute,rule,regulation or order,
applicable;and other individuals whose where the EEOC becomes aware an
information in the event of a a
pp indication of a violation or potential
disciplinary hearing. actions affect the EEOC,its programs or violation of civil or criminal law or
POLICIES AND PRACTICES FOR STORING, operations. regulation.
RETRIEVING,ACCESSING,RETAINING,AND CATEGORIES OF RECORDS IN THE SYSTEM: b.TO disclose information to any
DISPOSING OF RECORDS IN THE SYSTEM: Correspondence relating to the source,private or governmental,to the
STORAGE: extent necessary to secure from such
investigation;internal staff memoranda; nt to and in
relevant These records are maintained in file copies of subpoenas issued during the furtherance of a source information relrelevyOIG
folders and electronically. investigation,affidavits,statements from investigation,audit,RETRIEVABILITY: witnesses,transcripts of testimony taken legitimate evaluation,or other
during the investigation,and inquiry.
These records are cross-indexed by g g c.To disclose information to agencies,
documents,ocuments,
the name of the individual who files a accompanying exoffices or establishments of the
complaint or report of harassment,the notes,investigative notes,staff working executive,legislative,or judicial
name of the alleged victim of papers,draft materials,and other branches of the Federal or state
harassment,if any,and the name of the documents and records relating to the governments:
alleged harasser.The records may be investigation;opening reports,progress (1)Where such agency,office,or
retrieved by any of the above three reports,and closing reports;video and establishment has an interest in an
indexes. audio recordings;and other individual for employment purposes,
investigatory information or data including a security clearance or
SAFEGUARDS: relating to the alleged or suspected determination as to access to classified
The records are maintained in locked criminal,civil,or administrative information,and needs to evaluate the
metal filing cabinets to which only violations or similar wrongdoing by individual's qualifications,suitability,
authorized personnel have access, subject individuals. or loyalty to the United States
Access to electronic records is limited, Government,or access to classified
through use of logins and passwords,to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: information or restricted areas,or
those whose official duties require The Inspector General Act of 1978,as (2)Where such agency,office,or
access. amended,5 U.S.C.App.3. establishment conducts an investigation
RETENTION AND DISPOSAL: PURPOSES: Of the individual for purposes of
These records are maintained for one Pursuant to the Inspector General Act granting a security clearance,or for
year after the complaint or report of of 1978,as amended,this system of making a determination of
harassment is closed and then records is maintained for the purpose of: qualifications,suitability or loyalty to
transferred to the Federal Records (1)Documenting the conduct and the United States Government,or access
Center where they are destroyed after outcome of investigations by the OIG to classified information or restricted
three years. and other investigative agencies areas,or
regarding EEOC programs and (3)Where the records or information
SYSTEM MANAGER(S)AND ADDRESS: in those records is relevant and
Harassment Coordinator,Office of operations; reporting the results of necessary to a decision with regard to
Chief Human Capital Officer,EEOC,131 investigationss to other Federal agencies,public authorities or pthe hiring or retention of an employee
M Street NE.,Washington,DC 20507. other professional or disciplinary or other administrative
organizations which have the authority action concerning an employee.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS to bring criminal prosecutions,or civil d.To disclose information to another
OF THE ACT: or administrative actions,or to impose federal agency,to a court,or to a party
This system is exempt under 5 U.S.C. other disciplinary sanctions;(3) in litigation before a court or in an
552a(k)(2)from subsections(c)(3),(d), maintaining a record of the activities administrative proceeding being
(e)(1),(e)(4)(G),(e)(4)(H),(e)(4)(I)and(f) which were the subject of conducted by a federal agency when-the
of the Act. investigations;(4)reporting government is a party to the judicial or
investigative findings to other administrative proceeding.
EEOC-16 components of EEOC for their use in e.To disclose information to a
SYSTEM NAME: operating and evaluating their programs Congressional office from the record of
Office of Inspector General or operations,and in the imposition of an individual in response to an inquiry
Investigative Files. civil or administrative sanctions;(5) from the Congressional office made at
coordinating relationships with other the written request of that individual.
SYSTEM LOCATION: Federal agencies,state and local f.To private contractors who have
Office of Inspector General(OIG), governmental agencies and been retained by OIG to perform any
Equal Employment Opportunity nongovernmental entities in matters functions or analyses that facilitate or
Commission,131 M Street NE., relating to the statutory responsibilities are relevant to an OIG investigation,
Washington,DC 20507. of the OIG;and(6)acting as a repository audit,inspection,or inquiry.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81151
g.To disclose information to EEOC-17 AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
authorized officials of the Council of SYSTEM NAME: 44 U.S.C. 3101.
Inspectors General for Integrity and
Efficiency(CIGIE),the Department of Defensive Litigation Files. PURPOSE:
Justice,and the Federal Bureau ofSYSTEM LOCATION: These records are maintained for the
of defending EEOC in litigation
Investigation for the purpose of purpose g g
conducting qualitative assessment External Defensive Litigation Files are brought against it by current and former
reviews of the Office of Inspector located in the Office of Legal Counsel, employees(internal files),charging
General's investigative operations. Equal Employment Opportunity parties,respondents and members of the
h.To disclose information to Commission,131 M Street ern public(external files).
authorized officials of the CIGIE for Washington,DC 20507.Internal
their
authorized
oration of of oe to the Defensive Litigation Files are located in ROUTINE USES OF RECORDS MAINTAINED IN THE
preparation p the Office of General Counsel,Equal SYSTEM,INCLUDING CATEGORIES OF USERS AND
President and Congress on the activities THE PURPOSES OF SUCH USES:
of the Inspectors General. Employment Opportunity Commission,
131 M Street NE.,Washington,DC These records and information in
i.To disclose to an agency, 20507. these records may be used:
organization or individual for the a.To disclose pertinent information
purpose of performing audit or oversight CATEGORIES OF INDIVIDUALS COVERED BY THE as may be appropriate or necessary for
operations as authorized by law, SYSTEM: the Commission to defend itself in a
including peer reviews,but only such Individuals who have filed civil or civil action or administrative
information as is necessary and relevant administrative litigation against EEOC proceeding,or to seek enforcement of a
to such audit or oversight operation." and individuals who have given sworn settlement,order,or final decision
testimony,affidavits,or declarations involving the same or a similar matter.
POLICIES AND PRACTICES FOR STORING, under penalty of perjury in such b.To provide information to a
RETRIEVING,ACCESSING,RETAINING,AND actions.External cases are brought by congressional office in response to an
DISPOSING OF RECORDS IN THE SYSTEM: members of the public;internal cases inquiry from the congressional office
STORAGE: are brought by applicants,current,and made at the request of a party to the
Information in this system is stored former EEOC employees. administrative or civil proceeding to
manually in file folders and CATEGORIES OF RECORDS IN THE SYSTEM: which the record pertains.
electronically. c.To disclose pertinent information to
This system contains all documents an appropriate federal court,agency,or
RETRIEVABILITY: related to external and internal litigation administrative body responsible for
brought against the Commission.These investigating,prosecuting,enforcing,or
The records are retrieved by the name records include: implementing a statute,rule,regulation,
of the subject of the investigation or by a.Documents submitted or filed by or order,where the EEOC becomes
a unique control number assigned to plaintiffs,grievants,and EEO aware of an indication of a violation or
each investigation, complainants to prosecute civil or potential violation of civil or criminal
SAFEGUARDS: administrative litigation against the law or regulation,or in order to seek
EEOC,such as complaints,grievances, enforcement or clarification of an order
Information is stored in locked file unfair labor practice claims,motions, or decision for or against the EEOC to
cabinets in a secured space.Access to and briefs. which the record pertains.
electronic records is limited through the b.Documents submitted by the EEOC d.To disclose information to another
use of logins and passwords to those to defend the action against it such as federal agency or to a court when the
whose official duties require access. an answer to a civil complaint or a government is a party to the judicial or
RETENTION AND DISPOSAL: motion to dismiss or for summary administrative proceeding,
judgment,and a reply to an e.To disclose,in response to an ordgr,
Records are held for five(5)years and administrative EEO complaint, information that is relevant to a pending
then retired to the Federal Records grievance,or unfair labor practice. judicial or administrative proceeding.
Center. c.Administrative determinations at
issue in the litigation such as final POLICIES AND PRACTICES FOR STORING,
SYSTEM MANAGER AND ADDRESS: agency EEO decisions,final grievance RETRIEVING,ACCESSING,RETAINING,AND
Inspector General,Equal Employment decisions,final decisions on personnel DISPOSING OF RECORDS IN THE SYSTEM:
Opportunity Commission,P.O.Box actions,final agency administrative STORAGE:
18858,Washington,DC 20036-8858. dispositions of tort claims,and agency External defensive litigation files are
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS determinations under the Freedom of maintained in a locked filing system in
Information Act. the Office of Legal Counsel.Internal
OF THE ACT: g
d.Discovery and investigatory defensive litigation files are maintained
Specific:Pursuant to 5 U.S.C. materials such as witness statements, in a locked filing system in the Office
552a(k)(2)the Office of Inspector affidavits,declarations under penalty of of General Counsel.Information
General Investigative Files are exempt perjury,correspondence,records, identifying existing external and
from subsections(c)(3),(d)(1),(d)(2)and exhibits,and other documentary internal defensive litigation files is
(e)(1)of the Privacy Act. evidence. maintained electronically.
General:Pursuant to 5 U.S.C. e.Litigation materials,such as
552a(j)(2),investigatory materials attorney work product,attorney notes, RETRIEVABILITY:
compiled for criminal law enforcement hearing transcripts,legal memoranda, External Defensive Litigation records
in the Office of Inspector General and related correspondence and are cross-indexed by name of the
Investigative Files are exempt from exhibits. plaintiff,and Office of Legal Counsel
subsections(c)(3),(d)(1),(d)(2),(e)(1), f.Final judgments,orders,decisions, reference number.Internal Defensive
(e)(2),and(e)(3)of the Privacy Act. decrees,and settlement agreements. Litigation records are maintained by
81132 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
name of plaintiff,complainant,grievant, as amended,5 U.S.C.552a(d)(5),an employment opportunity investigator,
or aggrieved individual,and by Office of individual is precluded from access to arbitrator,or other duly authorized
General Counsel reference number.The such records. official engaged in investigation or
records may be retrieved by either settlement of a grievance,complaint,or
index. CONTESTING RECORDS PROCEDURES: appeal filed by an employee.
Same as the Notification Procedures
SAFEGUARDS: above. POLICIES AND PRACTICES FOR STORING,
External Defensive Litigation paper RETRIEVING,ACCESSING,RETAINING,AND
records maintained at EEOC RECORD SOURCE CATEGORIES: DISPOSING OF RECORDS IN THE SYSTEM:
headquarters are kept in locked cabinets Plaintiffs,grievants,complainants, STORAGE:
in the Office of Legal Counsel.Internal aggrieved individuals,current and Maintained in locked file cabinets and
Defensive Litigation paper records former EEOC employees. electronically.
maintained at EEOC headquarters are EEOC-18
kept in locked cabinets in the Office of RETRIEVABILITY:
General Counsel.Access to and use of SYSTEM NAME: Indexed by name of employee or
these records is limited to those persons Reasonable Accommodation Records applicant and office location.
whose official duties require such
access.The premises are locked SYSTEM LOCATION: SAFEGUARDS:
evenings,weekends,and holidays. Office of the Chief Human Capital Files are maintained in locked
Paper records which have been retired Officer,Equal Employment Opportunity cabinets.Access is restricted to EEOC
are maintained at the Federal Records Commission, 131 M Street NE., personnel whose official duties require
Center.Access to electronic External Washington,DC 20507, such access.Access to computerized
and Internal Defensive Litigation records is limited,through use of logins
records is limited through use of CATEGORIES OF INDIVIDUALS COVERED BY THE and passwords,to those whose official
passwords to those whose official duties srsTEM: dutis require access.
require access,input,and retrieval of Current and former EEOC employees
information. and applicants who have requested RETENTION AND DISPOSAL:
reasonable accommodations under the These records will be maintained in
RETENTION AND DISPOSAL: Rehabilitation Act of 1973. the Office of the Human Capital Officer
Two years after the date of closure offor the longer of an employee's tenure
the underlying civil or administrative CATEGORIES OF RECORDS IN THE SYSTEM; with EEOC or 5 years. hreafter,they
action(e.g.,final order,decision on Requests for reasonable will be destroyed.
appeal),records pertaining to that action accommodations;medical records;notes
are retired to the Federal Records or records made during consideration of SYSTEM MANAGER(S)AND ADDRESS:
Center.Thereafter,non-permanent files requests;decisions on requests;records Disability Program Manager,Office of
are destroyed six years after the date of made to implement or track decisions the Chief Human Capital Officer,Equal
closure of the underlying action. on requests. Employment Opportunity Commission,
SYSTEM MANAGER(S)AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 131 M Street NE.,Washington,DC
The System Manager for External The Rehabilitation Act of 1973,29 20507.
Defensive Litigation files is the U.S.C, 791;E.O. 13164. NOTIFICATION PROCEDURES:
Assistant Legal Counsel,Advice& PURPOSE: Any person wanting to know whether
Litigation Division,Office of Legal this system of records contains
Counsel,Equal Employment This system is maintained for the
qinformation about him or her should
Opportunity Commission,131 M Street purpose of considering,deciding,and contact the System Manager.Such
NE.,Washington,DC 20507.The System implementing requests for reasonable person should provide his or her full
Manager for Internal Defensive accommodation made by EEOC name,position title and office location
Litigation files is the Assistant General employees and applicants. at the time the accommodation was
Counsel for Internal Litigation Services, ROUTINE USES OF RECORDS MAINTAINED IN THE requested,and mailing address to which
Office of General Counsel,Equal SYSTEM,INCLUDING CATEGORIES OF USERS AND a response is to be sent.
Employment Opportunity Commission, THE PURPOSES OF SUCH USES:
131 M Street NE.,Washington,DC a.To disclose information to medical RECORD ACCESS PROCEDURES:
20507. personnel to meet a bona fide medical Same as the Notification Procedures
NOTIFICATION PROCEDURES: emergency. above.
Any person wanting to know whether b.To disclose information to another
CONTESTINGFederal agency, RECORDS PROCEDURES:
e
this system of records contains g y' party Same as the Notification Procedures
information about him or her should in litigation before a court or in an
contact the System Manager.Such administrative proceeding being above.
person should provide his or her full conducted by a Federal agency when RECORD SOURCE CATEGORIES:
name and mailing address to which a the Government is a party to the judicial Information contained in this system
response is to be sent,and forum,filing or administrative proceeding. is obtained from the current or former
date,and docket number of the action c.To disclose information to a employee,the Office of the Chief
involved,if available. congressional office from the record of Human Capital Officer,and
an individual in response to an inquiry officials.
RECORD ACCESS PROCEDURES: from the congressional office made at management
The records described herein are the request of the individual. EEOC-19
compiled in reasonable anticipation of a d.To disclose to an authorized appeal
civil action or proceeding.Pursuant to grievance examiner,formal complaints SYSTEM NAME:
section(d)(5)of the Privacy Act of 1974, examiner,administrative judge,equal Revolving Fund Registrations.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81133
SYSTEM LOCATION: entry logs,to those whose official duties RESOLVE Program,which provides a
Revolving Fund Division,Office of require access. forum for the informal resolution of a
Field Programs,Equal Employment variety of workplace disputes as an
Opportunity Commission, 131 M Street RETENTION AND DISPOSAL:k: alternative to the formal procedures that
NE.,Washington,DC 20507. These records are kept indefinitely. employees traditionally use to resolve
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM MANAGER AND ADDRESS: disputes.
SYSTEM: Director,Revolving Fund Division, ROUTINE USES OF RECORDS MAINTAINED IN THE
Individuals who register for or attend Office of Field Programs,Equal SYSTEM,INCLUDING CATEGORIES OF USERS AND
EEOC Revolving Fund programs, Employment Opportunity Commission, THE PURPOSES OF SUCH USES:
courses and conferences and who 131 M Street NE.,Washington,DC These records and information in
purchase publications and products. 20507. these records may be used:
a.To disclose pertinent information to
CATEGORIES OF RECORDS IN THE SYSTEM: NOTIFICATION PROCEDURE: the appropriate federal,state,or local
The system contains the names,job Inquiries concerning this system of agency responsible for investigating,
titles,company,organization or agency records should be addressed to the prosecuting,enforcing,or implementing
names,business addresses and phone system manager.All inquiries should a statute,rule,regulation,or order,
numbers,email addresses,any furnish the full name of the individual when the EEOC becomes aware of an
reasonable accommodation requested, and the mailing address to which the indication of a violation or potential
and attendance or purchase dates.Some reply should be mailed. violation of civil or criminal law or
of the records may contain payment RECORD ACCESS PROCEDURES: regulation.
information,the industryof the b.To provide information to a
company,and the size of the �'Same as above. congressional office from the record of
establishment. CONTESTING RECORDS PROCEDURES: the individual in response to an inquiry
Same as above. from that congressional office made at
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the request of that individual.
42 U.S.C. 2000e-4(k). RECORD SOURCE CATEGORIES: c.TO disclose information to another
Information contained in this system federal agency,to a court,or to a party
PURPOSE(S): is obtained from the registrant or in litigation before a court or in an
These records are maintained for the attendee. administrative proceeding being
purpose of administering Revolving conducted by a federal agency when the
Fund programs and publicizing future EEOC-20 government is a party to the judicial or
programs. SYSTEM NAME: administrative proceeding.
ROUTINE USES OF RECORDS MAINTAINED IN THE RESOLVE Program Records, POLICIES AND PRACTICES FOR STORING,
SYSTEM,INCLUDING CATEGORIES OF USERS AND RETRIEVING,ACCESSING,RETAINING,AND
THE PURPOSES OF SUCH USES: SYSTEM LOCATION: DISPOSING OF RECORDS IN THE SYSTEM:
These records and information in RESOLVE Program,Equal
STORAGE:
these records may be used: Employment ent Opportunit Commission,
These records are maintained in file
a.To send mailings to registrants and 131 M Street NE.,Washington,DC folders and electronically.
attendees advertising future Revolving 20507.
Fund programs. CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVABILITY:
b.To provide information to a SYSTEM: These records are indexed by the
congressional office from the record of Current and former EEOC employees names of the employee.
the individual in response to an inquiry who request alternative dispute SAFEGUARDS:
from that congressional office made at resolution during the counseling or The records are maintained in locked
the request of that individual. investigative process of their EEO metal filing cabinets to which only
c.To disclose information to another complaints against EEOC,as well as authorized personnel have access.
federal agency,to a court,or to a party EEOC employees who contact the Access to and use of electronic records
in litigation before a court or in an RESOLVE program for alternative is limited,through use of logins and
administrative proceeding being dispute resolution of disputes occurring passwords,to those whose official
conducted by a federal agency when the in their EEOC employment. duties require access.
government is a party to the judicial or
administrative proceeding. CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL:
POLICIES AND PRACTICES FOR STORING, The system contains the records These records are maintained for one
RETRIEVING,ACCESSING,RETAINING,AND generated in the course of receiving and year after the complaint or dispute
DISPOSING OF RECORDS IN THE SYSTEM: attempting to resolve disputes brought matter brought to RESOLVE is closed
to the RESOLVE program,including,as and then transferred to the Federal
STORAGE: appropriate,intake interview notes, Records Center where they are
These records are maintained mediation scheduling notices,the destroyed after three years.
electronically. mediator's outcome form,and
settlement agreements. SYSTEM MANAGER AND ADDRESS:
RETRIEVABILITY: Chief Mediation Officer,Equal
These records are indexed by the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Employment Opportunity Commission,
names of the registrants or attendees,by 5 U.S.C. 571-574;44 U.S.C.3101;29 131 M Street NE.,Washington,DC
company,organization,or agency name. CFR part 1614. 20507.
SAFEGUARDS: PURPOSE(S): NOTIFICATION PROCEDURE:
Access to and use of these records is These records are maintained for the Inquiries concerning this system of
limited,through use of access codes and purpose of administering EEOC's records should be addressed to the
81134 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
system manager.All inquiries should Ensuring Constitutional Government SYSTEM MANAGER(S)AND ADDRESS:
furnish the full name of the individual and Continuity of Government Headquarters,District,Field,Area,
and the mailing address to which the Operations. and Local Office Directors.Addresses
reply should be mailed. PURPOSE: listed in Appendix A.
RECORD ACCESS PROCEDURES: NOTIFICATION PROCEDURES:
Same as above. To maintain current information on
EEOC employees and other persons Inquiries concerning this system of
CONTESTING RECORDS PROCEDURES: covered by this system to allow persons records should be made to the system
Same as above. with emergency management manager.It is necessary to provide the
responsibilities to notify or contact them name of the individual and the mailing
RECORD SOURCE CATEGORIES: about conditions that require their address to which the response should be
Information contained in this system urgent assistance or attention during an sent.
is obtained from the current or former emergency. RECORD ACCESS PROCEDURES:
employee,the Office of Equal Same as above.
Opportunity,the Office of the Chief ROUTINE USES OF RECORDS MAINTAINED IN THE
Human Capital Officer,management SYSTEM,INCLUDING CATEGORIES OF USERS AND CONTESTING RECORD PROCEDURES:
officials,union officials,and the THE PURPOSES OF SUCH USES:
Same as above.
mediator. These records and information in
these records may be used: RECORD SOURCE CATEGORIES:
EEOC-21 a.To disclose pertinent information to Information in this system is obtained
SYSTEM NAME: the appropriate federal,state,or local from the individuals themselves,their
Emergency Management Records. agency responsible for investigating, supervisors or office.
prosecuting,enforcing,or implementing EEOC-22
SYSTEM LOCATION: a statute,rule,regulation,or order,
Headquarters,District,Field,Area, where EEOC becomes aware of an SYSTEM NAME:
and Local Offices may maintain indication of a violation or potential EEOC Personnel Security Files.
emergency contact files.The Office of violation of civil or criminal law or
the Chief Financial Officer maintains regulation. SYSTEM LOCATION:
emergency management and continuity b.To disclose information to a Office of the Chief Human Capital
of operations(COOP)files.The Office of congressionall office from the record of Officer,Operations Services Division,
the Chief Human Capital Officer an individual in response to an inquiry Equal Employment Opportunity
maintains the orders of succession, from the congressional office made at Commission,131 M Street NE.,
which are part of the COOP files, the request of the individual. Washington,DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE c.To disclose information to an CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM: expert,consultant or contractor in the SYSTEM:
EEOC employees,contractors,and performance of a federal government EEOC employees,applicants,former
other governmental and non- duty involving EEOC emergency employees,interns,volunteers,and
governmental persons essential to management. contractors.
carrying out emergency activities. d.To disclose information about an
individual during an emergency in CATEGORIES OF RECORDS IN THE SYSTEM:
CATEGORIES OF RECORDS IN THE SYSTEM: order to locate or contact that Name,former names,birth date,birth
The records,composed of emergency individual. place,social security number,home
notification rosters and files,emergency address,telephone numbers,
contact information,and COOP files, POLICIES AND PRACTICES FOR STORING, employment history,residential history,
may contain the following personal RETRIEVING,ACCESSING,RETAINING,AND education and degrees earned,names of
information:Name;office,cellular and DISPOSING OF RECORDS IN THE SYSTEM: associates and references and their
home telephone numbers;home STORAGE: contact information,citizenship,narnes
address;email address;primary contact These records are maintained in paper of relatives,citizenship of relatives,
name,relationship,address,cellular, names of relatives who work for the
work and home telephone numbers; files and in electronic media. federal government,criminal history,
alternate contact's name,relationship, RETRIEVABILITY: drug use,financial information,
address,cellular,work and home fingerprints,summary report of
Records are retrieved by name,
telephone numbers.Each office may organization,or location. investigation,results of suitability
collect a different set of information. decisions,requests for appeal,witness
System records may include special SAFEGUARDS: statements,investigator's notes,tax
needs information such as medical, return information,credit reports,
mobility,and transportation Records are maintained and stored in security violations(including
requirements for individuals. file cabinets in a secured area to which circumstances of violation and agency
Additional information may include only authorized personnel have access. action taken).
official titles and emergency Access to electronic records is limited
assignments. through use of logins and passwords for AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
those whose official duties require 5 U.S.C. 3101;5 CFR parts 731,732,
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: access. and 736;Executive Orders 10450,
5 U.S.C. 301;44 U.S.C.3101; 10865, 12333, 12356,and 13467;
Executive Order 12565,Assignment of RETENTION AND DISPOSAL: Homeland Security Presidential
Emergency Preparedness Records are destroyed one year after Directive 12(HSPD 12),Policy for a
Responsibilities,(Nov.18,1989); termination of the employment Common Identification Standard for
Presidential Decision Directive 67, relationship or contract termination. Federal Employees and Contractors,
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81135
August 27,2004;and Office of RETRIEVABILITY: EEOC/GOVT-1
Personnel Management Memorandum, Background investigation files are SYSTEM NAME:
Final Credentialing Standards for retrieved by name,social security Equal Employment Opportunity
Issuing Personal Identity Verification number,or fingerprint. (EEO)in the Federal Government
Cards under HSPD-12,July 31,2008.
SAFEGUARDS: Complaint and Appeal Records.
PURPOSE: Records are maintained and stored in
The records in this system are used to file cabinets in a secured area to which SYSTEM LOCATION:
document and support decisions Equal employment opportunity
PP only authorized personnel have access. complaint files are maintained in an
regarding the suitability,eligibility,and Access to electronic records is limited Office of Equal Employment
fitness for service of applicants for through use of logins and passwords to Opportunity or other designated office
EEOC employment and contract those whose official duties require
positions,including criminal access. q of the agency department where the
background screening for interns,or complaint wass filed.EEO hearing
volunteers,to the extent their duties RETENTION AND DISPOSAL: records are maintained in the EEOC
require access to federal facilities, These records are destroyed upon office in the field that handles the
information,systems,or applications, notification of death or not later than hearing request(See Appendix A).EEO
The records may be used to document five years after separation or transfer of Appeal files(including appeals from
securityviolations and supervisory final negotiated grievance decisions
P I'Y employee to another agency or involving allegations of discrimination)
actions taken. department. and petitions for review of decisions of
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM MANAGER AND ADDRESS: the Merit Systems Protection Board are
SYSTEM,INCLUDING CATEGORIES OF USERS AND Director,Operations Services maintained in the Office of Federal
,
THE PURPOSES OF SUCH USES: P Operations,Equal Employment
a.Torovide information to a Division,Office of the Chief Human
P Capital Officer,EEOC, 131 M Street NE., Opportunity Commission,131 M St.
congressional office from the record of P NE.,Washington,DC 20507.Applicants
response to an in
an individual in res inquiry Washington,DC 20507. ,
P q ry for federal employment and current ana
from the congressional office made at NOTIFICATION PROCEDURE: former federal employees who contact
the request of the individual. Inquiries concerning this system of an EEO counselor,file complaints of
b.Except as noted on Standard Forms records should be addressed to the discrimination or reprisal with their
85,85P,and 86,to disclose pertinent system manager.It is necessaryto agency,file requests for hearings,or file
information to the appropriate federal, provide the following information:(1) appeals of EEO complaints,petitions for
state,or local agency responsible for Name;(2)date of birth;and(3)mailing review of decisions of the Merit Systems
investigating,prosecuting,enforcing,or address to which response is to be sent. Protection Board,or appeals of final
implementing a statute,rule,regulation, decisions in negotiated grievance
or order,where EEOC becomes aware of RECORDS ACCESS PROCEDURES: actions involving allegations of
an indication of a violation or potential Same as above. discrimination.
violation of civil or criminal law or
regulation. CONTESTING RECORD PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM:
c.To disclose information to another Same as above. This system of records contains
federal agency,to a court,or to a party information or documents compiled
in litigation before a court or in an RECORD SOURCE CATEGORIES: during the pre-complaint counseling,
administrative proceeding being Information is obtained from a variety investigation,hearing,and appeal of
conducted by a federal agency when the of sources,including the employee, complaints filed under section 717 of
government is a party to the judicial or contractor or applicant via use of the Title VII,section 15 of the Age
administrative proceeding. SF-85,SF-85P,or SF-86 and personal Discrimination in Employment Act,
d.To disclose information to any interviews;employers'and former section 501 of the Rehabilitation Act,
source or potential source from which employers'records;FBI criminal history and the Equal Pay Act and all appeals.
information is requested in the course of records and other databases;financial AUTHORITY FOR MAINTENANCE OF SYSTEM:
an investigation concerning the institutions and credit reports;
retention of an employee or other interviews of witnesses,such as 42 U.S.C.2000e-16(b)and(c);29
personnel action(other than hiring),to neighbors,friends,co-workers,business U.S.C.204(f)and 206(d);29 U.S.C.
the extent necessary to identify the associates,teachers,landlords,or family 633(a);29 U.S.C. 791;Reorg.Plan No. 1
individual,inform the source of the members;tax records;and other public of 1978,43 FR 19607(May 9, 1978);
Exec.Order No. 12106,44 FR 1053(Jan.
nature and purpose of the investigation, records.Security violation information
and to identify the type of information is obtained from a variety of sources, 3,1979).
requested. such as guard reports,security PURPOSE:
e.To disclose information to. inspections,witnesses,supervisor's These records are maintained for the
employees of contractors who have been reports,audit reports. purpose of counseling,investigating,
engaged by EEOC to perform an activity and adjudicating complaints of
related to suitability,eligibility,and SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS employmentldi s discrimination brought b
fitness for service of EEOC applicants OF THE PRIVACY ACT: g y
and employees. PP This system of records is exempt in applicants and current and former
accordance with 5 U.S.C.552a(k)(5) federal employees against federal
POLICIES AND PRACTICE FOR STORING, from subsection(c)(3)and(d)(1)of the employers.
RETRIEVING,ACCESSING,RETAINING,AND Privacy Act,but only to the extent that ROUTINE USES OF RECORDS MAINTAINED IN THE
DISPOSING OF RECORDS IN THE SYSTEM: the information identifies witnesses SYSTEM,INCLUDING CATEGORIES OF USERS AND
STORAGE: promised confidentiality as a condition THE PURPOSES OF SUCH USES:
These records are maintained in paper of providing information during the These records and information in
files and in electronic media. course of the background investigation. these records may be used:
81136 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
a.To disclose pertinent information to POLICIES AND PRACTICES FOR STORING, U.S.EEOC Birmingham District Office,Ridge
the appropriate federal,state,or local RETRIEVING,ACCESSING,RETAINING,AND Park Place,1130 22nd Street,Suite 2000,
agency responsible for investigating, DISPOSING OF RECORDS IN THE SYSTEM: Birmingham,Alabama 35205
prosecuting,enforcing,or implementing STORAGE: U.S.EEOC Boston Area Office,John F.
Kennedy Fed Bldg.,475 Government
a statute,rule,regulation,or order, These records are maintained in file Center,Boston,Massachusetts 02203
where the disclosing agency becomes folders and electronically. U.S.EEOC Buffalo Local Office,6 Fountain
aware of an indication of a violation or Plaza,Suite 350,Buffalo,New York 14202
potential violation of civil or criminal RETRIEVABILRY: U.S.EEOC Charlotte District Office,129 West
law or regulation. These records are indexed by the Trade Street,Suite 400,Charlotte,North
b.To disclose information to another names of the individuals on whom they Carolina 28202
are maintained. U.S.EEOC Chicago District Office,500 West
federal agency,to a court,or to a party Madison Street,Suite 2000,Chicago,
in litigation before a court or in an SAFEGUARDS: Illinois 60661
administrative proceeding being Access to and use of these records are U.S.EEOC Cincinnati Area Office,John W.
conducted by a federal agency when the limited to those persons whose official Peck Fed.Office Bldg.,550 Main Street,
government is a party to the judicial or duties require such access. loth Floor,Cincinnati,Ohio 45202
administrative proceeding. U.S.EEOC Cleveland Field Office,Anthony
RETENTION AND DISPOSAL: J.Celebrezze Fed.Bldg.,1240 E.9th Street,
c.To provide information to a Suite 3001,Cleveland,Ohio 44199
congressional office from the record of These records are maintained for one U.S.EEOC Dallas District Office,207 South
an individual in response to an inquiry Houston year
to the Federate Records e case d then 75202-4726Street,3rd Floor,Dallas,Texas
from that congressional office made at Center where they are destroyed after U.S.EEOC Denver Field Office,303 East 17th
the request of that individual. three years. Avenue,Suite 510,Denver,Colorado
d.To disclose to an authorized appeal 80203
grievance examiner,formal complaints SYSTEM MANAGER(S)AND ADDRESS: U.S.EEOC Detroit Field Office,Patrick V.
examiner,administrative judge,equal Within the agency or department McNamara Bldg.,477 Michigan Avenue,
employment opportunity investigator, where the complaint of discrimination Room 865,Detroit,Michigan 48226-9704
arbitrator,or other duly authorized was filed,the system manager is the U.S.EEOC El Paso Area Office,300 E.Main
official or engaged in investigation Director of the Office of Equal Dr.,Suite 500,El Paso,Texas 79901
g Employment O Opportunity or other U.S.EEOC Fresno Local Office,2300 Tulare
settlement of a grievance,complaint,orPP Y Street,Suite 215,Fresno,California 93 72 7
appeal filed by an employee. official designated as responsible for the U.S.EEOC Greensboro Local Office,2303 W.
e.To disclose,in response to a request administration and enforcement of Meadowview Road,Suite 201,Greensboro,
P q equal employment opportunity laws North Carolina 27407
for discovery or for appearance of a and regulations within the agency or U.S.EEOC Greenvile Local Office,301 North
witness,information that is relevant to department. Main Street,Suite 1402,Greenville,South
the subject matter involved in a pending Where an individual has requested a Carolina 29601
judicial or administrative proceeding. hearing,the system manager of hearing U.S.EEOC Honolulu Local Office,300 Ala
f.To disclose information to officials records is the Director of the Office of Moana Boulevard,Room 7-127,P.O.Box
of state or local bar associations or Field Programs,131 M Street NE., 50082,Honolulu,Hawaii 96850-0051
Washington,DC 20507. U.S.EEOC Houston District Office,Mickey
disciplinary boards or committees when Leland Bldg.,1919 Smith Street,6th Floor,
they are investigating complaints Where an EEO complaint or final Houston,Texas 77002
against attorneys in connection with negotiated grievance decision has been U.S.EEOC Indianapolis District Office,lot
their representation of a party before appealed to EEOC or an individual has West Ohio Street,Suite 1900,Indianapolis,
EEOC. petitioned EEOC for review of a Indiana 46204-4203
decision of the Merit Systems Protection U.S.EEOC Jackson Area Office,Dr.A.H.
g.To disclose to a Federal agency in Board,the system manager of the appeal McCoy Fed.Bldg.,100 West Capitol Street,
the executive,legislative,or judicial or petition file is the Director,Office of Suite 338,Jackson,Mississippi 39269
branch of government,in response to its Federal Operations,131 M Street NE., U.S.EEOC Kansas City Area Office,Gateway
request for information in connection Washington,DC Tower 11,400 State Avenue,Suite 905,Kansas City,Kansas 88101
with the hiring of an employee,the
issuance of a security clearance,the SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS U.S.EEOC Little Rock Area Office,820
conducting of a security or suitability OF THE ACT: Louiaina Street,Suite 200,Little Rock,
g Y Y Pursuant to subsection(k)(2)of the Arkansas 72201
investigation of an individual,the U.S.EEOC Los Angeles District Office,
classifying of jobs,or the lawful Privacy Act,5 U.S.C.552a(k)(2),this Roybal Fed.Bldg.,255 East Temple Street,
system of records is exempt from 4th Floor,Los
statutory,administrative,or Angeles,California 90012
investigative purpose of the agency to subsections(c)(3),(d),(e)(1),(e)(4)(G), U.S.EEOC Las Vegas Local Office,333 Las
the extent that the information is (e)(4)(H),(e)(4)(I)and(f)of the Act. Vegas Boulevard South,Suite 8112,Las
relevant and necessary to the requesting Appendix A Vegas,Nevada
agency's decision. U.S.EEOC Louisville lle Area Office,600 Dr.
U.S.EEOC Albuquerque Area Office,505 Martin Luther King Jr.,Place,Suite 268,
h.To disclose information to Marquette Avenue NW.,Suite 900-9th Louisville,Kentucky 40202
employees of contractors engaged by an Floor,Albuquerque,New Mexico 87102- U.S.EEOC Memphis District Office,1407
agency to carry out the agency's 2158 Union Avenue,9th Floor,Memphis,
responsibilities under 29 CFR part 1614. U.S.EEOC Atlanta District Office,Sam Nunn Tennessee 38104
Atlanta Federal Center,loo Alabama Street U.S.EEOC Miami District Office,100 SE 2nd
i.To disclose information to potential SW.,Suite 4R30,Atlanta,Georgia 30303 Street,Suite 1500,Miami,Florida 33131
witnesses as appropriate and necessary U.S.EEOC Baltimore Field Office,City U.S.EEOC Milwaukee District Office,Reuss
to perform the agency's functions under Crescent Building,10 South Howard Fed.Plaza,310 West Wisconsin Avenue,
29 CFR part 1614. Street,3rd Floor,Baltimore,Maryland Suite 500,Milwaukee,Wisconsin 53203-
21201-2526 2292
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81137
U.S.EEOC Minneapolis Area Office,Towle FEDERAL COMMUNICATIONS Consumer protection and
Bldg.,330 South Second Avenue,Suite COMMISSION education;
720,Minneapolis,Minnesota 55401-2224 • Implementation of Commission
U.S.EEOC Mobile Local Office,63 South IDA 16-12301 rules and consumer participation in the
Royal Street,Suite 504,Mobile,Alabama FCC rulemaking process;and,
36602 Consumer Advisory Committee . The impact of new and emerging
U.S.EEOC Nashville Area Office,220 Athens
Way,Suite 350,Nashville,Tennessee AGENCY:Federal Communications communication technologies(including
37228-9940 Commission, availability and affordability of
U.S.EEOC Newark Area Office,Two ACTION:Notice. broadband service and Universal
Gateway Center,Suite 1703,283-299 Service programs).
Market Street,Newark,New Jersey 07102 SUMMARY:The Commission announces The duties of the Committee will
EEOC New Orleans District Office,Hale renewal of charter,appointment of include providing guidance to the
Boggs Fed.Bldg.,500 Poydras Street,Suite members,designation of chairperson, Commission,to gather data and
809,New Orleans,Louisiana 70130 and next meeting date,time,and agenda information,and to perform those
U.S.EEOC New York District Office,33 of its Consumer Advisory Committee analyses that are necessary to respond to
Whitehall Street,5th Floor,New York, (hereinafter the Committee).The the questions or matters before it.
New York 10004 mission of the Committee is to make
U.S.EEOC Norfolk Local Office,Federal recommendations to the Commission Background
Building,Suite 739,200 Granby Street, regarding consumer issues within the In November 2000,the Committee
Norfolk,Virginia 23510 urisdiction of the Commission and to was initially established for period of
U.S.EEOC Oakland Local Office,1301 Clay 1 y
Street,Suite 1170-N,Oakland,California facilitate the participation of consumers two(2)years from the original charter
94612-5217 (including underserved populations, date.Following expiration of the
U.S.EEOC Oklahoma City Area Office,215 such as Native Americans,persons original charter,the Committee was
Dean A McGee Avenue,Oklahoma City, living in rural areas,older persons, subsequently renewed several times.On
Oklahoma 73102 people with disabilities,and persons for October 14,2016,the Committee held
U.S.EEOC Philadelphia District Office,801 whom English is not their primary the final meeting of its most recent term,
Market Street,Suite 1300,Philadelphia, language)in proceedings before the and thereafter,the Committee's charter,
Pennsylvania 19107 Commission. and all member appointments,
U.S.EEOC Phoenix District Office,3300 terminated.The charter was renewed on
North Central Avenue,Suite 690,Phoenix, DATES:January 27,2017,9:00 a.m.to October 21,2016,for another two-year
Arizona 85012-2504 4:00 p.m. ninth
such renewal.This necess and in the public
U.S.EEOC Pittsburgh Area Office,William S. ADDRESSES:Federal Communications renewal is term,the ninch
Moorhead Fed.Bldg.,1001 Liberty Commission,Commission Meeting P
Avenue,Suite 1112,Pittsburgh, interest.The Committee will operate in
Pennsylvania 152221187 Room TW-C305,445 12th Street SW., accordance with the provisions of the
U.S.EEOC Raleigh Area Office,434 Washington,DC 20554. Federal Advisory Committee Act,5
Fayetteville Street,Suite 700,Raleigh, FOR FURTHER INFORMATION CONTACT: U.S.C.App. 2(1988).Each meeting of
North Carolina 27601-1701 Scott Marshall,Designated Federal the Committee will be open to the
U.S.EEOC Richmond Local Office,400 N. Officer of the Committee at:202-418-
public.Anotice of each meeting will be
Eight Street,Suite 350,Richmond,Virginia 2809(voice or relay)or Scott.Marshall®ac published in the Federal Register at
23219 EEOC San Antonio Field Office,Le , fcc.gov(email),or Beau Finley,Deputy last fifteen(15)days in advance of the
Legacy Oaks
Bldg.A,5410 Fredericksburg Road,Suite Designated Federal Officer of the meeting.Records will be maintained of
200,San Antonio,Texas 78229-3555 Committee at:202-418-7835 (voice or each meeting and made available for
U.S.EEOC San Diego Local Office,555 West relay)or Robert.Finley@fcc.gov(email). public inspection.
Beech Street,Suite 504,San Diego, SUPPLEMENTARY INFORMATION:This is a During the Committee's ninth term,it
California 92101 summary of the Commission's is anticipated that the Committee will
U.S.EEOC San Francisco District Office,450 document DA 16-1230,released meet in Washington,DC for a minimum
Golden Gate Avenue,5 West,P.O.Box October 31,2016 announcing the of three(3)one-day plenary meetings
36025,San Francisco,California 94102 charter renewal,appointment of per year.In addition,as needed,
U.S.EEOC San Jose Local Office,96 North members,designation of chairperson, working groups or subcommittees will
3rd Street,Suite 250,San lose,California
55112 and the Ag enda,Date,and Time of the be established to facilitate the
U.S.EEOC San Juan Local Office,525 F.D. Committee's first Meeting under its Committee's work between meetings of
Roosevelt Avenue,Plaza Las Americas, renewed charter. the full Committee.Meetings will be
Suite 1202,San Juan,Puerto Rico 00918- fully accessible to individuals with
8001 Mission and Functions disabilities.
U.S.EEOC Savannah Local Office,7391 The mission of the Committee is to Members must be willing to commit
Hodgson Memorial Drive,Suite 200, make recommendations to the to a two(2)year term of service,and
Savannah,Georgia 31406-2579 Commission regarding consumer issues should be willing and able to attend a
U.S.EEOC Seattle Field Office,Federal within the jurisdiction of the minimum of three(3)one-day plenary
Office Building,909 First Avenue,Suite Commission and to facilitate the per committee meetings year in
400,Seattle,Washington 98104-1061 commg p y
U.S.EEOC St.Louis District Office,Robert A. participation of consumers(including Washington,DC.Committee members
Young Building,1222 Spruce Street,Room underserved populations,such as are also expected to participate in
8.100,St.Louis,Missouri 63103 Native Americans,persons living in deliberations of at least one(1)working
U.S.EEOC Tampa Field Office,501 East Polk rural areas,older persons,people with group or subcommittee.
Street,Suite 1000,Tampa,Florida 33602 disabilities,and persons for whom Appointment of Members and
U.S.EEOC Washington Field Office,131 M English is not their primary language)in pp
Street NE.,Fourth Floor,Suite 4NWO2F, proceedings before the Commission. Chairperson
Washington,DC 20507-0100 The Committee may consider issues In anticipation of the renewal of the
IFR Doc.2016-27702 Filed 11-16-16;8:45 am] including,but not limited to,the Committee's charter,by a Public Notice
BILLING CODE 6570-01-P following topics: (DA 16-657)released June 14,2016,the
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2018 - MrMnanceNO.
DATE: Tuesday, October 16, 2018 REFERENCE NO.: **C-28883
LOG NAME: 02EEOC2018
SUBJECT:
Ratify Execution of a Contract with the United States Equal Employment Opportunity Commission in an
Amount Up to $80,800.00, to Process Employment Discrimination Cases for Fiscal Year 2018 for the
Human Relations Unit of the City Manager's Office and Adopt Appropriation Ordinance Relating to this
Contract and Corresponding Interest Income (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the execution Contract No. EEC45017C0080P00005, with the United States Equal Employment
Opportunity Commission and accept funds in an amount up to $80,800.00; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Federal Fund in the amount of$85,800.00 ($80,800.00 from the contract plus accrued
interest from contractual award funds in the amount up to $5,000.00, based on actual receipts).
DISCUSSION:
In January 1977, the United States Equal Employment Opportunity Commission (EEOC) recognized the
Human Relations Commission (HRC) as a local deferral agency and a Fair Employment Practice Agency
(FEPA) in accordance with Section 706(c) of the United States Equal Employment Opportunity Act of
1972, Title VII, of the Civil Rights Act of 1964, as amended. Pursuant to this section, the EEOC, prior to
asserting jurisdiction over employment discrimination charges, defers such charges for resolution to a
local or state agency having authority to enforce a local or state fair employment law similar to Title VII,
the Age Discrimination in Employment Act and the Americans with Disabilities Act.
On June 4, 2018, the HRC received Contract No. EEC45017CO080P00005 from the EEOC indicating that
the EEOC would provide reimbursement for 107 charges of discrimination, 50 deferrals, funds for
mandatory EEOC training and funds for a joint EEOC/FEPA outreach, enforcement or training activity
occurring during the enforcement period (contract reimbursement timeframe) starting October 1, 2017 and
ending September 30, 2018. Reimbursement of program expenditures are as follows:
1. $74,900.00 for resolution of 107 charges of alleged discrimination at a cost of$700.00 per case;
2. $3,500.00 for deferral of 50 non jurisdictional charges of discrimination at a cost of$70.00 per case;
3. $1,400.00 for reimbursement of expenses relating to mandatory training at an EEOC sponsored annual
conference; and
4. $1,000.00 for a joint EEOC/FEPA enforcement, outreach or training activity in support of the strategic
enforcement plan or a district complement plan.
Logname: 02EEOC2018 Page; 1 of 2
The addition of accrued interest from contractual awards funds in an amount up to $5,000.00 based upon
actual receipts, brings the total to an amount up to $85,800.00
On June 4, 2018, the Fort Worth HRC voted to approve the EEOC contract and seeks authorization from
the City Council to allow the execution of Contract No. EEC45017CO080P00005 with the EEOC to
process employment discrimination cases.
A waiver of the collection of indirect cost revenue otherwise due the general fund from the EEOC contract
is being requested. Human Relations has determined that the remission of indirect cost reimbursement to
the General Fund would result in less available programming dollars, which, when compounded by yearly
fluctuations in funding, unanticipated delays in the receipt of funding, the threat of federal cuts in EEOC's
programming, and increasing salary and benefit costs, could jeopardize Human Relations' ability to
successfully fulfill the provisions of the grant. The cost to the General Fund of the waiver is estimated at
$11,145.00.
This contract will be with a governmental entity, state agency or public institution of higher education:
(United States Equal Employment Opportunity Commission).
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the
reimbursement grant and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Operating Federal Fund. Prior to an expenditure
being made, the participating department has the responsibility to validate the availability of funds. This is
a fee-for-service contract.
FUND IDENTIFIERS (FIDs):
TO _
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Angela Rush (6155)
Additional Information Contact: Laurie Maniotis (6183)
Logname: 02EEOC2018 Page 2 of 2