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EPA-21

[excerpted from: Federal Register: October 24, 2014 (Volume 79, Number 206)]

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

SYSTEM LOCATION: The system is currently hosted under a contract within Micropact, Inc., located at 107 Carpenter Drive, Suite 140, Sterling, Virginia 20164.

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 disability.

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.

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.

PURPOSE(S): 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 requested.

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 16.

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 (e)(1).

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