Privacy Act of 1974; Publication of Notice of Proposed New Systems of Records and Amendment of Systems To Add New System Managers, 16852-16855 [E8-6619]

Agencies

• Equal Employment Opportunity Commission

[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Notices]
[Pages 16852-16855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6619]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Privacy Act of 1974; Publication of Notice of Proposed New 
Systems of Records and Amendment of Systems To Add New System Managers

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice; Publication of Notice of Proposed New Systems of 
Records and Amendment of System of Records.

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SUMMARY: This notice proposes two new systems of records, and amends an 
existing system of records. The changes implement EEOC's personal 
identification verification (PIV) card system, and establish a system 
for EEOC emergency management files.

DATES: The changes to the existing systems of records and the proposed 
new systems of records will become effective, without further notice, 
on May 30, 2008 unless comments dictate otherwise.

ADDRESSES: Written comments should be submitted to Stephen Llewellyn, 
Executive Officer, Equal Employment Opportunity Commission, 1801 L 
Street, NW., Washington, DC 20507. As a convenience to commentators, 
the Executive Secretariat will accept comments transmitted by facsimile 
(``FAX'') machine. The telephone number of the FAX receiver is (202) 
663-4114. (This is not a toll-free number.) Only comments of six or 
fewer pages will be accepted via FAX transmittal. This limitation is 
necessary to assure access to the equipment. Receipt of FAX 
transmittals will not be acknowledged, except that the sender may 
request confirmation of receipt by calling the Executive Secretariat 
staff at (202) 663-4070 (voice) or (202) 663-4074 (TTD). (These are not 
toll-free telephone numbers.) You may also submit comments and 
attachments electronically at https://www.regulations.gov, which is the 
Federal eRulemaking Portal. Copies of comments submitted by the public 
will be available to review at the Commission's library, Room 6502, 
1801 L Street, NW., Washington, DC 20507 between the hours of 9:30 a.m. 
and 5 p.m. or can be reviewed at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal 
Counsel, or Kathleen Oram, Senior Attorney, at (202) 663-4640 (voice) 
or (202) 663-7026 (TTY). Copies of this notice are also available in 
the following alternate formats: large print, braille, audiotape and 
electronic file on computer disk. Requests for this notice in an 
alternative format should be made to EEOC's Publication Center at 1-
800-669-3362 (voice) or 1-800-800-3302 (TTY).

SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission 
published all of its systems of records subject to the Privacy Act in a 
Federal Register notice dated July 30, 2002 (67 FR 49338). The 
Commission amended three of those systems and added two new systems of 
records in a Federal Register notice published on April 26, 2006 (71 FR 
24704). The Commission now proposes to amend one existing system of 
records and add two new systems of records. Specifically, it proposes 
to amend its system of records covering its employee identification 
card records (EEOC-13, Employee Identification Cards), and to add a new 
system of records covering background investigation records and 
decisions regarding suitability, eligibility and fitness for service of 
EEOC employees and applicants (EEOC-22, EEOC Personnel Security Files). 
The changes to EEOC-13 and proposed new EEOC-22 implement the 
requirements of

[[Page 16853]]

Homeland Security Presidential Directive 12 (HSPD 12), including the 
personal identification verification (PIV) cards.
    The Commission also proposes a new system of records to cover 
emergency management files (EEOC-21, Emergency Management Records). 
This system will allow EEOC to maintain EEOC employee and contractor 
emergency notification rosters and files, emergency contact 
information, and continuity of operations program files. This 
information would be used by EEOC officials to contact employees, 
contractors and others in case of an emergency or other event that may 
require the assistance of those employees or contractors.
    The proposed routine uses for the amended systems of records, EEOC-
13, and the two proposed new systems of records, EEOC-21 and EEOC-22, 
meet the compatibility requirement of the Privacy Act, 5 U.S.C. 
552a(a)(7). The proposed new routine uses will permit disclosures of 
records that are compatible with the purposes for which the information 
is being collected in each system. We anticipate that any disclosure 
pursuant to these routine uses will not result in any unwarranted 
adverse effects on personal privacy.

    For the Commission.
Naomi C. Earp,
Chair.
    Accordingly, it is proposed that:
    1. EEOC-13, Employee Identification Cards, most recently published 
at 67 FR 49338, 49339 (July 30, 2002), is amended as set forth below:
EEOC-13

SYSTEM NAME:
    Employee Identification Cards.

SYSTEM LOCATION:
    Central Services Division, Office of the Chief Financial Officer, 
EEOC, 1801 L Street, NW., Washington, DC 20507, and each of the field 
offices in Appendix A.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current EEOC employees, and other individuals who require regular, 
ongoing access to EEOC facilities or information technology systems, 
including, but not limited to, federal employees, contractors, interns, 
volunteers, and individuals formerly in any of these positions. This 
system does not apply to occasional visitors or short-term guests to 
whom EEOC will issue temporary identification cards.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained on individuals issued identification cards, 
including Personal Identification Verification (PIV) cards, by EEOC 
include the following information: full name; signature; social 
security number; date of birth; photograph; fingerprints; hair color; 
eye color; height; weight; office of assignment; telephone number; copy 
of background investigation form; card issue and expiration dates; 
personal identification number; results of background investigation; 
PIV request form; PIV registrar approval signature; PIV card serial 
number; and a list of all persons who possess current identification 
cards. In addition, for office locations permitting access by proximity 
cards, numbered proximity cards and a list of all persons with their 
assigned proximity card numbers, all doors controlled by the proximity 
cards and all persons permitted access to each door.

AUTHORITY FOR MAINTENANCE OF SYSTEM:
    44 U.S.C. 3101; 41 CFR 101-20.3; 5 U.S.C. 301; Federal Information 
Security Act (Pub. L. 104-106, 5113); Electronic Government Act (Pub. 
L. 104-347, 203); Homeland Security Presidential Directive (HSPD) 12, 
Policy for Common Identification Standard for Federal Employees and 
Contractors, August 27, 2004.

PURPOSE:
    These records are maintained for the purpose of ensuring that EEOC 
offices and information systems are secure and that only authorized 
individuals have access to those offices and systems.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and information from these records may be used:
    a. To provide information to a congressional office from the record 
of an individual in response to an inquiry from that congressional 
office made at the request of that individual.
    b. To disclose to other government agencies and to the public 
whether an individual is a current employee of the EEOC.
    c. To disclose information to another federal agency, to a court, 
or to a party in litigation before a court or in an administrative 
proceeding being conducted by a federal agency when the government is a 
party to the judicial or administrative proceeding.
    d. To disclose pertinent information to the appropriate federal, 
state, or local agency responsible for investigating, prosecuting, 
enforcing or implementing a statute, rule, regulation or order, where 
EEOC becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    e. To disclose information to agency contractors who have been 
engaged to assist the agency in the performance of a contract or other 
activity related to this system of records and who need to have access 
to the records in order to perform their activity.
    f. To notify another federal agency when, or verify whether, a PIV 
card is no longer valid.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper files and in electronic 
media.

RETRIEVABILITY:
    Records are retrieved by name, social security number, other ID 
number, PIV card serial number, photograph, or fingerprint.

SAFEGUARDS:
    Records are maintained and stored in file cabinets in a secured 
area to which only authorized personnel have access. Access to 
computerized records is limited, through use of access codes and entry 
logs, to those whose official duties require access.

RETENTION AND DISPOSAL:
    Records are destroyed not later than five years after the 
separation or transfer of the employee. In accordance with HSPD-12, PIV 
cards are deactivated within 18 hours of cardholder separation, loss of 
card, or expiration. The information on PIV cards is maintained in 
accordance with General Records Schedule 11, Item 4. PIV cards are 
destroyed by cross-cut shredding no later than 90 days after 
deactivation.

SYSTEM MANAGER AND ADDRESS:
    Director, Central Services Division, Office of Chief Financial 
Officer, EEOC, 1801 L Street, NW., Washington, DC 20507, and the 
Directors of the field offices listed in Appendix A.

NOTIFICATION PROCEDURES:
    Inquiries concerning this system of records should be addressed to 
the system manager. It is necessary to provide the following 
information: (1) Name; (2) date of birth; (3) social security number; 
and (4) mailing address to which response is to be sent.

RECORD ACCESS PROCEDURES:
    Same as above.

[[Page 16854]]

CONTESTING RECORD PROCEDURES:
    Same as above.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from the employee, 
or contractor; other federal agencies; contract employer; or former 
employer.
    2. EEOC-21, Emergency Management Records, is added as set forth 
below:
EEOC-21

SYSTEM NAME:
    Emergency Management Records.

SYSTEM LOCATION:
    Headquarters, District, Field, Area and Local Offices may maintain 
emergency contact files. The Office of Human Resources maintains 
emergency management and continuity of operations (COOP) files.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EEOC employees, contractors and other governmental and non-
governmental persons essential to carrying out emergency activities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records, composed of emergency notification rosters and files, 
emergency contact information, and COOP files, may contain the 
following personal information: name; office, cellular and home 
telephone numbers; home address; email address; primary contact name, 
relationship, address, cellular, work and home telephone numbers; 
alternate contact's name, relationship, address, cellular, work and 
home telephone numbers. Each office may collect a different set of 
information. System records may include special needs information such 
as medical, mobility, and transportation requirements for individuals. 
Additional information may include official titles and emergency 
assignments.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 44 U.S.C. 3101; Executive Order 12565, Assignment of 
Emergency Preparedness Responsibilities, (Nov. 18, 1989); Presidential 
Decision Directive 67, Ensuring Constitutional Government and 
Continuity of Government Operations.

PURPOSE:
    To maintain current information on EEOC employees and other persons 
covered by this system to allow persons with emergency management 
responsibilities to notify or contact them about conditions that 
require their urgent assistance or attention during an emergency.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and information in these records may be used:
    a. To disclose pertinent information to the appropriate federal, 
state, or local agency responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule, regulation, or order, where 
EEOC becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    b. To disclose information to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of the individual.
    c. To disclose information to an expert, consultant or contractor 
in the performance of a federal government duty involving EEOC 
emergency management.
    d. To disclose information about an individual during an emergency 
in order to locate or contact that individual.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper files and in electronic 
media.

RETRIEVABILITY:
    Records are retrieved by name, organization, or location.

SAFEGUARDS:
    Records are maintained and stored in file cabinets in a secured 
area to which only authorized personnel have access. Access to 
electronic records is limited through use of passwords, access codes 
and entry logs to those whose official duties require access.

RETENTION AND DISPOSAL:
    Records are destroyed one year after termination of employment 
relationship or contract termination.

SYSTEM MANAGER(S) AND ADDRESS:
    Headquarters, District, Field, Area and Local Office Directors. 
Addresses listed in Appendix A.

NOTIFICATION PROCEDURES:
    Inquiries concerning this system of records should be made to the 
system manager. It is necessary to provide the name of the individual 
and the mailing address to which the response should be sent.

RECORD ACCESS PROCEDURES:
    Same as above.

CONTESTING RECORD PROCEDURES:
    Same as above.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from the individuals 
themselves, their supervisors or office.
    3. EEOC-22, EEOC Personnel Security Files, is added as set forth 
below:
EEOC-22

SYSTEM NAME:
    EEOC Personnel Security Files.

SYSTEM LOCATION:
    Office of Human Resources, 1801 L Street, NW., Washington, DC 
20507.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EEOC employees, applicants, former employees, and contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, former names, birth date, birth place, social security 
number, home address, telephone numbers, employment history, 
residential history, education and degrees earned, names of associates 
and references and their contact information, citizenship, names of 
relatives, citizenship of relatives, names of relatives who work for 
the federal government, criminal history, drug use, financial 
information, fingerprints, summary report of investigation, results of 
suitability decisions, requests for appeal, witness statements, 
investigator's notes, tax return information, credit reports, security 
violations (including circumstances of violation and agency action 
taken).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 3101; 5 CFR Parts 732, and 736; Executive Orders 10450, 
10865, 12333, and 12356; and Homeland Security Presidential Directive 
12 (HSPD 12), Policy for a Common Identification Standard for Federal 
Employees and Contractors, August 27, 2004.

PURPOSE:
    The records in this system are used to document and support 
decisions regarding the suitability, eligibility, and fitness for 
service of applicants for EEOC employment and contract positions, 
including interns, or volunteers to the extent their duties require 
access to federal facilities, information, systems, or applications. 
The records may be used to document security violations and supervisory 
actions taken.

[[Page 16855]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    a. To provide information to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of the individual.
    b. Except as noted on Standard Forms 85, 85P, and 86, to disclose 
pertinent information to the appropriate federal, state, or local 
agency responsible for investigating, prosecuting, enforcing, or 
implementing a statute, rule, regulation, or order, where EEOC becomes 
aware of an indication of a violation or potential violation of civil 
or criminal law or regulation.
    c. To disclose information to another federal agency, to a court, 
or to a party in litigation before a court or in an administrative 
proceeding being conducted by a federal agency when the government is a 
party to the judicial or administrative proceeding.
    d. To disclose information to any source or potential source from 
which information is requested in the course of an investigation 
concerning the retention of an employee or other personnel action 
(other than hiring), to the extent necessary to identify the 
individual, inform the source of the nature and purpose of the 
investigation, and to identify the type of information requested.
    e. To disclose information to employees of contractors who have 
been engaged by EEOC to perform an activity related to suitability, 
eligibility, and fitness for service of EEOC applicants and employees.

POLICIES AND PRACTICE FOR STORING, RETRIEVING, ACCESSING, RETAINING AND 
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in paper files and in electronic 
media.

RETRIEVABILITY:
    Background investigation files are retrieved by name, social 
security number, or fingerprint.

SAFEGUARDS:
    Records are maintained and stored in file cabinets in a secured 
area to which only authorized personnel have access. Access to 
electronic records is limited through use of passwords, access codes 
and entry logs to those whose official duties require access.

RETENTION AND DISPOSAL:
    These records are destroyed upon notification of death or not later 
than five years after separation or transfer of employee to another 
agency or department.

SYSTEM MANAGER AND ADDRESS:
    Office of Human Resources, EEOC, 1801 L Street, NW., Washington, DC 
20507.

NOTIFICATION PROCEDURE:
    Inquiries concerning this system of records should be addressed to 
the system manager. It is necessary to provide the following 
information: (1) Name; (2) date of birth; (3) social security number; 
and (4) mailing address to which response is to be sent.

RECORDS ACCESS PROCEDURES:
    Same as above.

CONTESTING RECORD PROCEDURES:
    Same as above.

RECORD SOURCE CATEGORIES:
    Information is obtained from a variety of sources, including the 
employee, contractor or applicant via use of the SF-85, SF-85P, or SF-
86 and personal interviews; employers' and former employers' records; 
FBI criminal history records and other databases; financial 
institutions and credit reports; interviews of witnesses, such as 
neighbors, friends, co-workers, business associates, teachers, 
landlords, or family members; tax records; and other public records. 
Security violation information is obtained from a variety of sources, 
such as guard reports, security inspections, witnesses, supervisor's 
reports, audit reports.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
    Upon publication of a final rule in the Federal Register, this 
system of records will be exempt in accordance with 5 U.S.C. 552a(k)(5) 
from subsection (c)(3) and (d)(1) of the Privacy Act, but only to the 
extent that the information identifies witnesses promised 
confidentiality as a condition of providing information during the 
course of the background investigation.

 [FR Doc. E8-6619 Filed 3-28-08; 8:45 am]
BILLING CODE 6570-01-P