[Federal Register Volume 65, Number 77 (Thursday, April 20, 2000)]
[Notices]
[Pages 21168-21169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9931]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / 
Notices  

[[Page 21168]]



DEPARTMENT OF COMMERCE

[Docket No. 991208326-9326-01]
RIN 0605-XX06


Privacy Act of 1974; Altered System of Records

AGENCY: Department of Commerce.

ACTION: Notice of amendment of Privacy Act System of Records: Commerce 
System 14.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e) (4) and 
(11), the Department of Commerce is issuing notice of our intent to 
amend the system of records entitled Commerce Department System 14, 
``Litigation, Claims, and Administrative Proceeding Records,'' to add 
to this system records compiled in conjunction with a newly established 
complaint procedure for sexual orientation discrimination claims. We 
invite public comment on the proposed change in this publication.

DATES: Effective Date: The amendments will become effective May 22, 
2000.
    Comment Date: Written comments must be submitted on or before May 
22, 2000.

ADDRESSES: Comments may be mailed to Kathryn E. Hawker, Chief, 
Compliance Division, Office of Civil Rights, U.S. Department of 
Commerce, Room 7840, 14th & Constitution Avenue, NW, Washington, DC 
20230, 202-482-4993.

SUPPLEMENTARY INFORMATION: The amendment adds to this system files 
containing records of claims filed under a new complaint procedure for 
sexual orientation discrimination claims that will be established by 
Department Administrative Order. This complaint process is being 
established to implement Executive Order 11478, as amended by Executive 
Order 12106, and as further amended by Executive Order 13087 
(collectively, the Executive Order). This Executive Order prohibits 
employment discrimination based on sexual orientation in Federal 
employment and provides that ``this policy of equal opportunity applies 
to and must be an integral part of every aspect of personnel policy and 
practices in the employment, development, advancement, and treatment of 
civilian employees of the Federal government, to the extent permitted 
by law.'' The new complaint process provides a mechanism for ensuring 
that the requirements of the Executive Order are being met throughout 
the Department.
    The Department's sexual orientation process is modeled on the Equal 
Employment Opportunity (EEO) complaint process. Employees and 
applicants who believe they have been subject to discrimination based 
on sexual orientation or related retaliation must first contact an EEO 
Counselor, who attempts to resolve the issues informally. If the issues 
are not resolved through counseling, the complainant may file a formal 
complaint of discrimination with the Department's Office of Civil 
Rights, which investigates the issues. The Director, Office of Civil 
Rights issues a final decision on the merits. The Department's 
Alternative Dispute Resolution Process may be used at any time 
throughout the complaint process. Final agency decisions may be 
appealed to the Department's Chief Financial Officer/Assistant 
Secretary for Administration.

Classification

    This notice is not subject to the notice and comment requirements 
of the Administrative Procedure Act. 5 U.S.C. 553(a)(2).
    This notice is exempt from review under Executive Order 12866.

Brenda Dolan,
Departmental Freedom of Information Act and Privacy Act Officer.

    Accordingly, the Litigation, Claims, and Administrative Proceeding 
Records system notice originally published at 46 FR 63517, December 31, 
1981, is amended by the addition of the following information and 
updates:
COMMERCE/DEPT-14

System name:
    Litigation, Claims, and Administrative Proceeding Records.

System location:
    Insert before current paragraph i:
 

 
    ``For matters involving the Department's Sexual Orientation 
Discrimination Complaint Process: Files containing informal complaint 
records are maintained by the Bureau EEO Officer. Files containing 
records of formal complaints are maintained in the Departmental Office 
of Civil Rights, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Room 6010, Washington, DC 20230.
    Change current paragraph i. to paragraph j.

Categories of individuals covered by the system: *
Categories of records in the system: *
Authority for maintenance of the system:
    Add after ``E.O. 10450;': ``E.O. 11478'', as amended.

Routine uses of records maintained in the system, including categories 
of users and purposes of such uses:
    The names, social security numbers, home address and salary may be 
disclosed to the appropriate federal, state, or local agency 
responsible for investigating, prosecuting, enforcing, or implementing 
a statute, rule, regulation, or order, where the disclosing agency 
becomes aware of an indication of a violation or potential violation of 
civil or criminal law or regulation; 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; to an 
authorized appeal grievance examiner, formal complaints examiner, 
administrative judge, equal employment opportunity investigator, 
arbitrator or other duly authorized official engaged in investigation 
or settlement of a grievance, complaint or appeal filed by an employee; 
in response to a request for discovery or for appearance of a witness, 
information that is relevant to the subject matter involved in a 
pending judicial or administrative proceeding.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Add after ``Paper records in file folders'': ``and electronic 
records in computer files.

[[Page 21169]]

Retrievability:
    Add after ``Files alphabetically by name'': ``or numerically by 
complaint number.

Safeguards:
    After first sentence, add: ``Access to electronic files is limited 
to those whose official duties require access.''

Retention and disposal: *
System manager(s) and address:
    Add before last paragraph:
    ``For records at location i.: Chief, Compliance Division, Office of 
Civil Rights, U.S. Department of Commerce, Washington, DC 20230.''
    Change last paragraph as follows: Strike ``e, f and i.:'' and 
replace with ``e, f, and j.:''

Notification procedure:
    Strike ``For records at location i.:'' and replace with ``For 
records at location j.:''
    Prior to the above sentence, add:
    For records at location i.: Information may be obtained from: 
Chief, Compliance Division, Office of Civil Rights, U.S. Department of 
Commerce, Washington, DC 20230.''

Records access procedures: *
Contesting record procedures: *
Record source categories: *
Systems exempted from certain provisions of the act: *
    * No changes are being made.

[FR Doc. 00-9931 Filed 4-19-00; 8:45 am]
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