Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30125 

Employment Opportunity Commission 

for the purpose of carrying out their 

functions. 

(2) Congressional Member Disclosure. 

The Department may disclose records to 

a member of Congress from the record 

of an individual in response to an 

inquiry from the member made at the 

written request of that individual. The 

member’s right to the information is no 

greater than the right of the individual 

who requested it. 

(3) Litigation and Alternative Dispute 

Resolution (ADR) Disclosures. 

(a) Introduction. In the event of 

litigation where one of the parties listed 

below is involved in litigation or ADR, 

or has an interest in litigation ADR, the 

Department may disclose certain 

records to the parties described in 

paragraphs (b), (c) and (d) of this routine 

use under the conditions specified in 

those paragraphs: 

(i) The Department, or any component 

of the Department; or 

(ii) Any Department employee in his 

or her official capacity; or 

(iii) Any Department employee in his 

or her individual capacity if the 

Department of Justice (DOJ) has agreed 

to provide or arrange for representation 

for the employee; or 

(iv) Any Department employee in his 

or her individual capacity where the 

agency has agreed to represent the 

employee; or 

(v) The United States where the 

Department determines that the 

litigation is likely to directly affect the 

Department or any of its components. 

(b) Disclosure to the DOJ. If the 

Department determines that disclosure 

of certain records to the DOJ is relevant 

and necessary to litigation or ADR, the 

Department may disclose those records 

as a routine use to the DOJ. 

(c) Administrative Disclosures. If the 

Department determines that disclosure 

of certain records to an adjudicative 

body before which the Department is 

authorized to appear, an individual or 

entity designated by the Department or 

otherwise empowered to resolve or 

mediate disputes is relevant and 

necessary to the administrative 

litigation, the Department may disclose 

those records as a routine use to the 

adjudicative body, individual, or entity. 

(d) Parties, counsels, representatives 

and witnesses. If the Department 

determines that disclosure of certain 

records to a party, counsel, 

representative or witness in an 

administrative proceeding is relevant 

and necessary to the litigation, the 

Department may disclose those records 

as a routine use to the party, counsel, 

representative or witness. 

DISCLOSURE TO CONSUMER REPORTING 

AGENCIES: 

Not applicable to this system of 

records. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The records are maintained in file 

folders and binders inside a file room 

centrally situated within the EEOG 

office. 

RETRIEVABILITY: 

The records are indexed by formal 

complaint case numbers, and crossreferenced by a separate log identifying 

the names of the individuals or class 

agents on whom they are maintained. 

SAFEGUARDS: 

Access to and use of these records are 

limited to those persons whose official 

duties require access. Physical security 

of the file room and entire office area 

involves lockable entry doors with offthe-master keys. 

RETENTION AND DISPOSAL: 

The complaint cases of discrimination 

may be retired to the Federal Records 

Center three years after their final 

disposition through the administrative 

(and judicial, as applicable) processes. 

SYSTEM MANAGERS AND ADDRESS: 

Director, Equal Employment 

Opportunity Group, Office of 

Management, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Washington, DC 20202-4550. 

NOTIFICATION PROCEDURE: 

If you wish to determine if a record 

exists regarding you in this system of 

records, contact the system manager at 

the address listed above. You should 

include your name, date of birth, 

Departmental principal office in which 

the situation arose, the approximate 

date, and the type of action taken. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

RECORD ACCESS PROCEDURES: 

If you wish to gain access to records 

regarding you in this system of records, 

follow the procedures described above 

under Notification Procedure. You 

should also reasonably specify the 

record contents being sought. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest information 

contained in this system of records, you 

should contact the system manager at 

the address listed above. You should 

reasonably identify the record and 

specify the information to be contested. 

Your request should satisfy the 

requirements of the regulations at 34 

CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from individuals to whom the record 

pertains, Department officials or other 

officials, statements from employees or 

other witnesses, official documents 

pertinent to the complaint and 

correspondence from specific 

organizations or persons. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18–05–05 

SYSTEM NAME: 

Grievances Filed Formally Under the 

Administrative Grievance Procedure. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Human Resources Group, Office of 

Management, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 2E200, Washington, DC 20202. 

See the Appendix at the end of this 

system notice for additional locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on nonbargaining unit employees of the 

Department regardless of type of 

appointment, who individually or as a 

group, request personal relief in a matter 

of concern or dissatisfaction which is 

subject to the control of Department 

management. This includes former 

employees of the Department for whom 

a remedy can be provided as well as 

applicants. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information or documents relating to 

the grievance and personal relief sought, 

materials used in consideration of the 

grievance, and correspondence related 

to disposition of the grievance, 

including but not limited to the formal 

grievance, fact finder’s report, final 

decision, and all other related 

documents. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 1302. 

PURPOSE(S): 

The information contained in this 

system is to consider and settle matters 

of dissatisfaction or concern of covered 

individuals. 
30126 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSE OF SUCH USES: 

The Department of Education 

(Department) may disclose information 

contained in a record in this system of 

records under the routine uses listed in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purposes for which the record was 

collected. These disclosures may be 

made on a case-by-case basis or, if the 

Department has complied with the 

computer matching requirements of the 

Act, under a computer matching 

agreement. 

(1) Disclosure for Use by Other Law 

Enforcement Agencies. The Department 

may disclose information to any 

Federal, State, local, or foreign agency 

or other public authority responsible for 

enforcing, investigating, or prosecuting 

violations of administrative, civil, or 

criminal law or regulation if that 

information is relevant to any 

enforcement, regulatory, investigative, 

or prosecutive responsibility within the 

receiving entity’s jurisdiction. 

(2) Enforcement Disclosure. In the 

event that information in this system of 

records indicates, either on its face or in 

connection with other information, a 

violation or potential violation of any 

applicable statute, regulation, or order 

of a competent authority, the 

Department may disclose the relevant 

records to the appropriate agency, 

whether foreign, Federal, State, Tribal, 

or local, charged with the responsibility 

of investigating or prosecuting that 

violation or charged with enforcing or 

implementing the statute, executive 

order, rule, regulation, or order issued 

pursuant thereto. 

(3) Litigation and Alternative Dispute 

Resolution (ADR) Disclosures. 

(a) Introduction. In the event that one 

of the parties listed below is involved in 

litigation or ADR, or has an interest in 

litigation ADR, the Department may 

disclose certain records to the parties 

described in paragraphs (b), (c) and (d) 

of this routine use under the conditions 

specified in those paragraphs: 

(i) The Department of Education, or 

any component of the Department; or 

(ii) Any Department employee in his 

or her official capacity; or 

(iii) Any Department employee in his 

or her individual capacity if the 

Department of Justice (DOJ) has agreed 

to provide or arrange for representation 

for the employee; 

(iv) Any Department employee in his 

or her individual capacity where the 

agency has agreed to represent the 

employee; or 

(v) The United States where the 

Department determines that the 

litigation is likely to affect the 

Department or any of its components. 

(b) Disclosure to the DOJ. If the 

Department determines that disclosure 

of certain records to the DOJ is relevant 

and necessary to litigation or ADR, the 

Department may disclose those records 

as a routine use to the DOJ. 

(c) Administrative Disclosures. If the 

Department determines that disclosure 

of certain records to an adjudicative 

body before which the Department is 

authorized to appear, an individual or 

entity designated by the Department or 

otherwise empowered to resolve or 

mediate disputes is relevant and 

necessary to the administrative 

litigation, the Department may disclose 

those records as a routine use to the 

adjudicative body, individual, or entity. 

(d) Parties, counsels, representatives 

and witnesses. If the Department 

determines that disclosure of certain 

records to a party, counsel, 

representative or witness in an 

administrative proceeding is relevant 

and necessary to the litigation, the 

Department may disclose those records 

as a routine use to the party, counsel, 

representative or witness. 

(4) Employment, Benefit, and 

Contracting Disclosure. 

(a) For Decisions by the Department. 

The Department may disclose a record 

to a Federal, State, or local agency 

maintaining civil, criminal, or other 

relevant enforcement or other pertinent 

records, or to another public authority 

or professional organization, if 

necessary to obtain information relevant 

to a Department decision concerning the 

hiring or retention of an employee or 

other personnel action, the issuance of 

a security clearance, the letting of a 

contract, or the issuance of a license, 

grant, or other benefit. 

(b) For Decisions by Other Public 

Agencies and Professional 

Organizations. The Department may 

disclose a record to a Federal, State, 

local, or foreign agency or other public 

authority or professional organization, 

in connection with the hiring or 

retention of an employee or other 

personnel action, the issuance of a 

security clearance, the reporting of an 

investigation of an employee, the letting 

of a contract, or the issuance of a 

license, grant, or other benefit, to the 

extent that the record is relevant and 

necessary to the receiving entity’s 

decision on the matter. 

(5) Employee Grievance, Complaint or 

Conduct Disclosure. The Department 

may disclose a record in this system of 

records to another agency of the Federal 

Government if the record is relevant to 

one of the following proceedings 

regarding a present or former employee 

of the Department: Complaint, 

grievance, discipline or competence 

determination proceedings. The 

disclosure may only be made during the 

course of the proceeding. 

(6) Labor Organization Disclosure. A 

component of the Department may 

disclose records to a labor organization 

if a contract between the component 

and a labor organization recognized 

under Title V of the United States Code, 

Chapter 71, provides that the 

Department will disclose personal 

records relevant to the organization’s 

mission. The disclosures will be made 

only as authorized by law. 

(7) Freedom of Information Act 

(FOIA) Advice Disclosure. The 

Department may disclose records to the 

Department of Justice and the Office of 

Management and Budget if the 

Department concludes that disclosure is 

desirable or necessary in determining 

whether particular records are required 

to be disclosed under the FOIA. 

(8) Disclosure to the Department of 

Justice (DOJ). The Department may 

disclose records to the DOJ to the extent 

necessary for obtaining DOJ advice on 

any matter relevant to an audit, 

inspection, or other inquiry related to 

the programs covered by this system. 

(9) Contract Disclosure. If the 

Department contracts with an entity for 

the purposes of performing any function 

that requires disclosure of records in 

this system to employees of the 

contractor, the Department may disclose 

the records to those employees. Before 

entering into such a contract, the 

Department shall require the contractor 

to maintain Privacy Act safeguards as 

required under 5 U.S.C. 552a(m) with 

respect to the records in the system. 

(10) Research Disclosure. The 

Department may disclose records to a 

researcher if an appropriate official of 

the Department determines that the 

individual or organization to which the 

disclosure would be made is qualified to 

carry out specific research related to 

functions or purposes of this system of 

records. The official may disclose 

records from this system of records to 

that researcher solely for the purpose of 

carrying out that research related to the 

functions or purposes of this system of 

records. The researcher shall be 

required to maintain Privacy Act 

safeguards with respect to the disclosed 

records. 

(11) Congressional Member 

Disclosure. The Department may 

disclose records to a member of 

Congress from the record of an 

individual in response to an inquiry 

from the member made at the written 
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30127 

request of that individual. The 

member’s right to the information is no 

greater than the right of the individual 

who requested it. 

(12) Disclosure to the Office of 

Management and Budget (OMB) for 

Credit Reform Act (CRA) Support. The 

Department may disclose records to 

OMB as necessary to fulfill CRA 

requirements. 

DISCLOSURE TO CONSUMER REPORTING 

AGENCIES: 

Not applicable to this system of 

records. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in hard copy 

stored in file folders, on computers and 

in handwritten logs for Human 

Resources. Summary data of records are 

also maintained in a computerized 

tracking system. 

RETRIEVABILITY: 

Records are indexed alphabetically by 

organization and year. 

SAFEGUARDS: 

Access to and use of these records are 

limited to those persons with a ‘‘needto-know’’ and whose official duties 

require such access. Personnel screening 

is employed to prevent unauthorized 

disclosure. Computers are password 

protected for individuals with access. 

All data bases are designed with 

stringent security measures to control 

individual users’ ability to access and 

alter records within the system. 

RETENTION AND DISPOSAL: 

Records are retained for three (3) 

years after the grievance case is closed, 

and are then destroyed, as set forth in 

the General Records Schedule 1, 

Civilian Personnel Records, Item 30(a). 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Labor Relations Group, 

Office of Management, U.S. Department 

of Education, 400 Maryland Avenue, 

SW., Room 2W300, Washington, DC 

20202. See the Appendix at the end of 

this system notice for additional system 

managers. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, contact the system 

manager. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.5, including proof of identity. 

RECORD ACCESS PROCEDURES: 

If you wish to gain access to records 

regarding you in this system of records, 

contact the system manager at the 

address listed above and follow the 

steps outlined in the Notification 

Procedure. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.5, including proof of identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

a record in this system of records, 

contact the system manager at the 

address listed above. Your request must 

meet the requirements of the regulations 

at 34 CFR 5b.7, including proof of 

identity. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is supplied from the following sources: 

Directly by the individual filing the 

grievance, from information supplied by 

the individual, by testimony of 

witnesses, employee representatives, 

Department employees or officials. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

Appendix to 18–05–05 

Additional System Locations and System 

Managers 

Director, Human Resources Group, Office of 

Management, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Washington, DC 20202. 

Employee Relations Team, Office of 

Management, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 2E233, Washington, DC 20202– 

4737. 

U.S. Department of Education, Regional 

Personnel Office O’Neill Federal 

Building, 10 Causeway Street, Room 

1095 Boston, MA 02222. 

U.S. Department of Education, Regional 

Personnel Office 75 Park Place, 12th 

Floor, New York, NY 10007. 

U.S. Department of Education, Regional 

Personnel Office 3535 Market Street, 

Room 16300, Philadelphia, PA 19104. 

U.S. Department of Education, Regional 

Personnel Office 61 Forsyth Street, SW, 

Suite 18T55, Atlanta, GA 30303. 

U.S. Department of Education, Regional 

Personnel Office 111 N. Canal Street, 

Room 1084, Chicago, IL 60606. 

U.S. Department of Education, Regional 

Personnel Office 1999 Bryan Street, Suite 

2710, Dallas, TX 75201–6817. 

U.S. Department of Education, Regional 

Personnel Office 10220 North Executive 

Hills Boulevard, 9th Floor, Kansas City, 

MO 64153. 

U.S. Department of Education, Regional 

Personnel Office 1244 Speer Boulevard, 

Room 353, Denver, CO 80204–3582. 

U.S. Department of Education, Regional 

Personnel Office 50 United Nations 

Plaza, Room 207, San Francisco, CA 

94102–4987. 

U.S. Department of Education, Regional 

Personnel Office 915 Second Avenue, 

Room 3388, Seattle, WA 98174–1099. 

18–05–06 

SYSTEM NAME: 

Grievance Records Filed under 

Procedures Established By LaborManagement Negotiations. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Labor Relations Group, Office of 

Management, U.S. Department of 

Education, 400 Maryland Ave., SW., 

Room 2C136, Washington, DC 20202– 

4754. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

present and past bargaining unit 

employees of the Department covered 

by the Collective Bargaining Agreement 

between the Department and American 

Federation of Government Employees 

Council 252. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system of records consists of a 

variety of records relating to an 

employee’s grievance filed under 

procedures established by labormanagement negotiations including 

employee’s name, Social Security 

number, grade, job title, testimony of 

witnesses, material placed into the 

record to support the decision, the 

arbitrator’s decision, the arbitrator’s 

report, and a record of an appeal to the 

Federal Labor Relations Authority. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 7101. 

PURPOSE(S): 

The information in this system is used 

to make determinations and to 

document a decision made on a 

grievance filed by an employee under 

the negotiated grievance procedures. 

Information from this system may be 

used by Department officials for 

preparing statistical summary or 

management reports. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSES OF SUCH USES: 

The Department of Education 

(Department) may disclose information 

contained in a record in this system of 

records under the routine uses listed in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purposes for which the record was 

collected. These disclosures may be 

made on a case-by-case basis or, if the 

Department has complied with the 

computer matching requirements of the