[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Pages 63622-63624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25417]



[FRL-9917-89-OEI; EPA-HQ-OEI-2013-0752]

Amendment of the External Compliance Program Discrimination 
Complaint Files, EPA-21

AGENCY: Environmental Protection Agency.

ACTION: Notice.


SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 USC 
552a), the Environmental Protection Agency (EPA) is giving notice that 
it is amending the External Compliance Program Discrimination Complaint 
Files system of records. The system is being amended to change the (1) 
system name; (2) addresses of system locations and system managers; (3) 
categories of individuals covered by the system; (4) routine uses; and 
(5) storage, retrievability and safeguard requirements.

DATES: Persons wishing to comment on this system of records notice must 
do so by December 3, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2013-0752, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: [email protected]epa.gov.
     Fax: 202-566-1752.
     Hand Delivery: OEI Docket, EPA/DC, WJC West Building, Room 
3334, 1301 Constitution Ave. NW., Washington, DC. Such deliveries are 
only accepted during the docket's normal hours of operation, and 
special arrangements should be made for deliveries.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2013-0752. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information for which 
disclosure is restricted by

[[Page 63623]]

statute. Do not submit information that you consider to be CBI or 
otherwise protected through www.regulations.gov. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov 
your email address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, the EPA 
recommends that you include your name and other contact information in 
the body of your comment, and with any disk or CD-ROM you submit. If 
the EPA cannot read your comment due to technical difficulties and 
cannot contact you for clarification, the EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about the EPA's public docket visit 
the EPA Docket Center homepage at: http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically at www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Samuel Peterson, Equal Opportunity 
Investigator, (202) 564-5393.

    General Information:
    The U.S. Environmental Protection Agency (EPA) has created a 
Privacy Act system of records for the External Compliance Program 
Discrimination Complaint Files system. The External Compliance Program 
Discrimination Complaint Files system has been developed to provide the 
Office of Civil Rights (OCR) with the ability to more effectively 
manage its program information needs and to integrate the office's 
various business processes. The External Compliance Program 
Discrimination Complaint Files system supports the collection of 
compliance-related data and other information needed by OCR to complete 
compliance activities and issue determinations. The External Compliance 
Program Discrimination Complaint Files system has been renamed the 
Title VI External Compliance Case Tracking System. The system of 
records is also being amended to more accurately describe the scope of 
the system of records and to reflect current storage, retrievability, 
safeguards and other changes that have occurred since the original 
system of records notice was published in January 2006. In addition, 
there have been changes to routine uses and the addresses of system 
locations and system managers.
    Access to the records in this system is limited to OCR employees 
whose official duties require using the information. Specific access is 
based on need and is determined by the user's role in the organization. 
Access is managed through the use of electronic control lists which 
regulate the ability to read, change and delete information in the 
system. System users have read-only access to designated information in 
the system with the ability to only modify their own submissions and 
those of others within their region or group. Access to confidential 
information is limited. The system maintains an audit trail of all 
actions taken in the database. All electronic data are stored on 
servers maintained in locked facilities with computerized access 
control. The server facility has appropriate environmental security 
controls, including measures to mitigate damage to automated 
information system resources caused by fire, electricity, water and 
inadequate climate controls. Access to servers, individual computers 
and databases requires a user log-on with a password. The same access 
controls apply to remote users. System administrators have appropriate 
security clearances. Printed materials are filed in secure cabinets in 
secure federal facilities with access based on need, as described 
above, for the automated component of the system.

Director, EPA OCR, 1200 Pennsylvania Avenue NW., Washington, DC 20460, 
Mail Code 1201A, or by email at [email protected].

    Dated: September 23, 2014.
Renee P. Wynn,
Acting Assistant Administrator and Chief Information Officer.

System Name:
    The External Compliance Program Discrimination Complaint Files (the 
name is being amended to the Title VI External Compliance Case Tracking 

System Location:
    The system is currently hosted under a contract within Micropact, 
Inc., located at 107 Carpenter Drive, Suite 140, Sterling, Virginia 

Categories of Individuals Covered by the System:
    Individuals who have filed, or had filed on their behalf, 
discrimination complaints regarding recipients of federal financial 
assistance on the basis of race, color, national origin, age, sex, or 

Categories of Records in the System:
    Letters or other documents initiating discrimination complaints, 
correspondence, internal memoranda and notes pertaining to the 
complaints; investigative reports and findings on the complaints and 
related information regarding the complaints and investigations. A 
computerized case index includes cases by number, complainants (not all 
complainants are identified because there are sometimes multiple 
complainants in a single case) and recipients. Systemic civil rights 
compliance reviews of recipients of federal assistance; information on 
recipient employees, contractors or education instructor volunteers, as 
contained in documents provided by recipients; medical information; 
eligibility determinations impacting complainants, witnesses or other 
parties; administrative subpoena files; staff interviews; self-
evaluation plans; records of physical or mental impairments; racial/
ethnic analyses of workforce and program enrollees; sanction hearings; 
notice of violations; language assistance plans; recipient staff 
interviews and interviews with members of the public; appeal files; 
training programs; civil enforcement files; environmental policies and 
program files. Any and all information contained on private 
individuals, as described above, contained in records of accessibility 
or other civil rights reviews that may pertain to facilities funded by 
federal financial assistance from the EPA.

[[Page 63624]]

Authority for Maintenance of the System, Including Categories of Users, 
and the Purpose(s):
    Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.; 
Tile IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.; 
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; Federal 
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, section 
13), 33 U.S.C. 1251 note; Title III of the Age Discrimination Act of 
1975, 42 U.S.C. 6101 et seq.); Title VIII of the Federal Fair Housing 
Act (42 U.S.C. 3601); Executive Orders 11246 (Sept. 24, 1965), 12250 
(Nov. 2, 1980) and 12892 (Jan. 17, 1994); 40 CFR part 7.

    To support and enhance the discrimination complaint process, 
including the investigation and resolution of complaints, and to assure 
recipient compliance with the nondiscrimination laws of federal 
financial assistance.

Routine Uses of Records Maintained in the System, Including Categories 
of Users, and the Purposes of Such Uses:
    General Routine Uses A, C, D, E, F, G, H, I, K and L apply to this 
system. Records may also be disclosed to:
    1. The Department of Justice or other federal and state agencies 
when necessary to complete an investigation, enforce the 
nondiscrimination statutes set forth in the Authority section of this 
notice, or assure proper coordination between federal agencies.
    2. Persons named as alleged discriminators to allow such persons 
the opportunity to respond to the allegations made against them during 
the course of the discrimination complaint process.
    3. Any potential source of information when necessary to obtain 
information relevant to an OCR investigation of a discrimination 
complaint, but only to the extent necessary to inform the source of the 
purpose(s) of the request and to identify the type of information 

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
     Storage: All electronic data are stored on servers 
maintained in locked facilities with computerized access control and 
all printed materials are filed in secure cabinets in secure federal 
facilities with access based on need.
     Retrieving: These records can be retrieved by name, case 
file number, or other unique identifiers.
     Safeguards: Computer records are maintained in a secure, 
password-protected computer system. Paper records are maintained in 
lockable file cabinets. All records are maintained in secure, access 
controlled areas or buildings.
     Retention and Disposal: Records stored in this system are 
subject to EPA's records schedule 497.

System Manager(s) and Address:
    Associate Director, Complaints Resolution and External Compliance 
Staff, Office of Civil Rights, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Mail Code 1201A, Washington, DC 20460.

Notification Procedures:
    Any individual who wants to know whether this system of records 
contains a record about himself/herself, who wants access to his/her 
record, or who wants to contest the contents of a record, should submit 
a written request to the EPA FOIA Office, Attn: Privacy Act Officer, 
WJC West, MC2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

Record Access Procedure:
    Individuals seeking access to their own personal information in 
this system of records will be required to provide adequate 
identification (e.g., driver's license, military identification card, 
employee badge or identification card and, if necessary, proof of 
authority). Additional identity verification procedures may be required 
as warranted. Requests must meet the requirements of EPA regulation 40 
CFR part 16.

Contesting Records Procedure:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Complete EPA Privacy Act 
procedures are described in EPA's Privacy Act regulations 40 CFR part 

Records Source Categories:
    Complainants, recipients, witnesses, EPA investigators and/or 
contract investigators, other EPA personnel, and other persons with 
information relevant to the case.

Systems Exempted From Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the 
following provisions of the Privacy Act of 1974, subject to the 
limitations set forth in subsection: 5 U.S.C. 552a(c)(3), (d), and 

[FR Doc. 2014-25417 Filed 10-23-14; 8:45 am]