System name: Volunteer EEO Support Personnel Records, HHS/OS/ASPER.
Security classification: None.
System location: Office of the Deputy Assistant Secretary for EEO, 200 Independence Avenue, SW, Washington, DC 20201. Office of the designated EEO Officers. See Discrimination Complaints Records System. HHS System 09-90-0009, Appendix 01 for exact locations.
Categories of individuals covered by the system: Individuals who have volunteered or have been proposed for duty as EEO Counselors and discrimination complaint investigators on a part-time basis.
Categories of records in the system: This system of records contains information or documents concerning the personal characteristics of EEO counselors and investigators. The records consist of the name and other identifying data, title, location, training received, information concerning qualifying background, case assignments, and evaluations of EEO counselors and investigators serving on a part-time basis, and related information.
Authority for maintenance of the system: Executive Order 11478, Pub. L. 92-261, Pub. L. 93-259.
These records are used to identify, locate, and determine the availability of volunteer counselors and investigators for assignment; to determine training needs of counselors and investigators. These records are maintained in each component of the Department. See “Retrievability'' below.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
These records and information in the records may be used:
(1) To provide resource to another Federal Agency, in response to its request for loan of investigators or counselors.
(2) A record from this system of records may be disclosed to a federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the record is relevant and necessary to the requesting agency's decision on the matter.
(3) Where federal agencies having the power to subpoena other federal agencies' records, such as the Internal Revenue Service or the Civil Rights Commission, issue a subpoena to the Department for records in this system of records, the Department will make such records available.
(4) Where a contract between a component of the Department and a labor organization recognized under E.O. 11491 or 5 U.S.C. Chapter 71 provides that the agency will disclose personal records relevant to the organization's mission, records in this system of records may be disclosed to such organization.
(5) The Department contemplates that it will contract with a private firm for the purpose of collating, analyzing, aggregating or otherwise, refining records in this system. Relevant records will be disclosed to such a contractor. The contractor shall be required to maintain Privacy Act safeguards with respect to such records.
(6) By the Office of Personnel Management, Merit Systems Protection Board including its office of the Special Counsel), Equal Employment Opportunity Commission, and the Federal Labor Relations Authority (including the General Counsel of the Authority and the Federal Service Impasses Panel) in carrying out their functions.
(7) Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.
(8) In the event of litigation where the defendant is (a) the Department, any component of the Department, or any employee of the Department in his or her official capacity; (b) the United States where the Department determines that the claim, if successful, is likely to directly affect the operations of the Department or any of its components; or (c) any Department employee in his or
her individual capacity where the Justice Department has agreed to represent such employee, the Department may disclose such records as it deems desirable or necessary to the Department of Justice to enable that Department to present an effective defense, provided such disclosure is compatible with the purpose for which the records were collected.
(9) Records may be disclosed to student volunteers, individuals working under a personal services contract, and other individuals performing functions for the Department but technically not having the status of agency employees, if they need access to the records in order to perform their assigned agency functions.
Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:
Storage: These records are maintained in file folders, binders and index cards.
Retrievability: These records are indexed by the names of the individuals on whom they are maintained. They may be used: To provide information for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or manpower studies; and to locate
specific individuals for personnel research or other personnel management functions.
Safeguards: Access to and use of these records are limited to those persons whose official duties require access.
Retention and disposal: The records are maintained up to one year after volunteer has terminated his services, at which time they are destroyed.
System manager(s) and address: See Discrimination Complaints Records System, HHS System 09-90-0009, Appendix 1 for General Coordinator and appropriate Immediate System Manager.
Notification procedure: Individuals who have volunteered or been proposed as counselor or investigators are aware of that fact and the information contained in the record. They may, however, write the immediate system manager or coordinator indicated above regarding the existence of such records pertaining to them. The inquirers, as appropriate, should provide to the immediate system manager or coordinator, their name, agency in which they were proposed or served when making inquiries about records.
Record access procedures: Same as notification procedures. Requesters should also reasonably specify the record contents being sought. (These access procedures are in accordance with Department Regulations (45 CFR 5b.5(a)(2)) Federal Register, October 8, 1975, page 47410.)
Contesting record procedures: Contact the official at the address specified under notification procedures above, and reasonably identify the record and specify the information to be contested, and state the corrective action sought and the reasons for the correction. (These procedures are in accordance with Department Regulations (45 CFR 5b.7) Federal Register, October 8, 1975, page 47411.)
Record source categories:
a. Individuals to whom the record pertains
b. Department or other officials
c. Official documents relating to appointments and case assignments as counselors and investigators
d. Correspondence for specific persons or organizations
e. Formal reports submitted by the individual in the performance of official volunteer work.
Systems exempted from certain provisions of the act: None.