Privacy Act of 1974; System of Records, 33336-33339 [2024-09147]

Agencies

• Corporation for National and Community Service

[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Notices]
[Pages 33336-33339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09147]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE


Privacy Act of 1974; System of Records

AGENCY: Corporation for National and Community Service.

ACTION: Notice of modified systems of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Office of Diversity, Equity, Inclusion, and Accessibility of the 
Corporation for National and Community Service (operating as 
AmeriCorps) is issuing a public notice of its intent to modify a system 
of records, Discrimination Complaint Files-Corporation-10, which will 
be renamed ``CNCS-10-CEO-CRCM-Civil Rights Case Management System of 
Records.'' The Office of Diversity, Equity, Inclusion, and 
Accessibility maintains CNCS-10-CEO-CRCM-Civil Rights Case Management 
System, which contains program discrimination complaints alleging 
unlawful discrimination under Title VI of the Civil Rights Act of 1964, 
as amended, arising within programs or activities conducted or assisted 
by AmeriCorps. The revisions update the system name, authority of the 
system, purpose of the system, addresses of the system location, system 
managers, the categories of records in the system, the categories of 
individuals in the system, the routine uses of the records, the 
safeguards, retention and disposal, notification procedures, records 
access procedures, notification procedures, and contesting record 
procedures.

[[Page 33337]]


DATES: Any comments must be received on or before May 29, 2024. Unless 
comments are received that would require a revision, this modified 
system of records will become effective on May 29, 2024.

ADDRESSES: You may submit comments identified by system name and number 
by any of the following methods:
    1. Electronically through regulations.gov. Once you access 
regulations.gov, find the web page for this SORN by searching for CNCS-
10-CEO-CRCM-Civil Rights Case Management.
    2. By email at [email protected].
    3. By mail: AmeriCorps, Attn: Bilal Razzaq, Chief Privacy Officer, 
OIT, 250 E Street SW, Washington, DC 20525.
    4. By hand delivery or courier to AmeriCorps at the address for 
mail between 9:00 a.m. and 4:00 p.m. Eastern Standard Time, Monday 
through Friday, except for federal holidays.
    Please note that all submissions received may be posted without 
change to regulations.gov, including any personal information. 
Commenters should be careful to include in their comments only 
information that they wish to make publicly available.

FOR FURTHER INFORMATION CONTACT: If you have general questions about 
the system of records, please contact ZhuoHong Liu at 
[email protected], by phone at 202-938-7868, or mail them to the 
address in the ADDRESSES section above. Please include the system of 
records' name and number.

SUPPLEMENTARY INFORMATION: AmeriCorps proposes to amend the existing 
system of records, Discrimination Complaint Files-Corporation-10, which 
was last published in the Federal Register in 67 FR 4404 (January 30, 
2002).
    The proposed amendments rename the system of records as ``CNCS-10-
CEO-CRCM-Civil Rights Case Management System of Records'' (CRCM). The 
CRCM holds the agency's records for every part of AmeriCorps' Title VI 
Civil Rights discrimination complaints from intake to resolution and 
reporting.
    The proposed amendments update the legal authorities of the system 
to include Executive Order 13985, Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government, January 20, 
2021; Executive Order 14091, Further Advancing Racial Equity and 
Support for Underserved Communities Throughout the Federal Government, 
February 22, 2023; Executive Order 14096, Revitalizing Our Nation's 
Commitment to Environmental Justice for All, April 21, 2023. The legal 
authority for maintaining records covered by EEOC/GOVT-1, Equal 
Employment Opportunity in the Federal Government Complaint and Appeal 
Records system of records notice is excluded.
    The proposed amendments convey that the Equal Employment 
Opportunity complaint records of federal employees and applicants are 
covered by the government-wide system of records EEOC/GOVT-1, Equal 
Employment Opportunity in the Federal Government Complaint and Appeal 
Records (last published 81 FR 81116, Nov. 17, 2016), and are no longer 
listed as records in CRCM.
    The proposed amendments update the address of the system, purpose 
of the system, the system manager, the categories of records, the 
categories of individuals, the system location, storage, safeguards, 
retention and disposal, notification procedures, records access 
procedures, and contesting record procedures.
    The proposed amendments revise former Routine Uses 6, 7, 8 and 9, 
and reorganize the Routine Uses. The former Routine Use 7 is replaced 
by Routine Use B. The former Routine Use 9 is replaced by Routine Use 
C. The former Routine Use 6 is replaced by Routine Use K. The former 
Routine Use 8 is replaced by Routine Use N. The former Routine Uses 1, 
2, 3, 4, 5, 10, and 11 are reorganized into Routine Uses O, P, Q, R, S, 
T and U.
    The proposed amendments add new Routine Uses A, D, E, F, G, H, I, 
J, L, and M to meet the current programmatic needs and the requirements 
of the Office of Management and Budget (OMB) Memorandum M-17-12, 
Preparing for and Responding to a Breach of Personally Identifiable 
Information (Jan. 3, 2017).
    In accordance with 5 U.S.C. 552a(r), AmeriCorps has provided a 
report of this system of records to the Office of Management and Budget 
and to Congress.

SYSTEM NAME AND NUMBER:
    CNCS-10-CEO-CRCM-Civil Rights Case Management System of Records

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    This system of records is maintained by the Office of Diversity, 
Equity, Inclusion, and Accessibility, Office of the Chief Executive 
Officer, AmeriCorps, 250 E Street SW, Washington, DC 20525.

SYSTEM MANAGER(S):
    Director, Office of Diversity, Equity, Inclusion, and 
Accessibility, Office of the Chief Executive Officer, 250 E Street SW, 
Washington, DC 20525.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
Executive Order 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government, January 20, 
2021; Executive Order 14091, Further Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government, 
February 22, 2023; Executive Order 14096, Revitalizing Our Nation's 
Commitment to Environmental Justice for All, April 21, 2023; the 
Rehabilitation Act of 1973, as amended; Title IX of the Education 
Amendments of 1972, as amended; the Age Discrimination Act of 1975, as 
amended; the Domestic Volunteer Service Act of 1973, as amended; and 
the National and Community Service Act of 1990, as amended.

PURPOSE(S) OF THE SYSTEM:
    CRCM enables AmeriCorps' Office of Diversity, Equity, Inclusion, 
and Accessibility to modernize the Title VI Civil Rights complaint 
filing management and conduct streamlined complaint intake, counseling, 
and investigation under current legal authorities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system covers individuals who have filed informal or formal 
complaints with, or against, AmeriCorps, including any recipient of 
services, programs, or benefits from AmeriCorps or one of its programs; 
AmeriCorps members, applicants, or trainees for volunteer or service 
status, or employees of a grantee or program beneficiary.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The identity and contact information of complainants, including 
first, middle, and last names, email address, phone number, address, 
city, state, zip code, and any accommodation needed; information of 
program or person involved; complaint details and complaint processing 
and status information; other information produced during the course of 
processing a complaint, such as Reports of Investigation, counseling 
documents, case decisions, and relevant correspondence, including 
settlement and mediation agreements.

[[Page 33338]]

RECORD SOURCE CATEGORIES:
    (1) Complainants, witnesses, etc. in discrimination complaints; (2) 
Reports of Investigation and Counselors' Reports; (3) copies of 
documents relevant to investigations; (4) records of hearings on 
complaints; and (5) correspondence.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected:
    A. To the U.S. Department of Justice (DOJ), including the U.S. 
Attorney's Offices, or other federal agencies conducting litigation or 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation or proceeding and 
one of the following is a party to the litigation or has an interest in 
such litigation:
    (1) AmeriCorps;
    (2) Any employee or former employee of AmeriCorps in his/her 
official capacity;
    (3) Any employee or former employee of AmeriCorps in his/her 
individual capacity, but only when DOJ or AmeriCorps has agreed to 
represent the employee; or
    (4) The United States or any agency thereof.
    B. To a congressional office in response to an inquiry from that 
congressional office which is made at the request of the individual to 
whom the record pertains.
    C. To the National Archives and Records Administration or General 
Services Administration, pursuant to records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to the audit or oversight function.
    E. To the Executive Office of the President in response to an 
inquiry from that office made at the request of the subject of a 
record, or a third party on that person's behalf, or for a purpose 
compatible with the reason for which the records are collected or 
maintained.
    F. To an official of another federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    G. To state, territorial, and local governments and tribal 
organizations to provide information needed in response to a court 
order and/or for discovery purposes related to litigation, when the 
disclosure is compatible with the purpose for which the records were 
compiled.
    H. To appropriate agencies, entities, and persons when:
    (1) AmeriCorps suspects or has confirmed that there has been a 
breach of the system of records;
    (2) AmeriCorps has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, AmeriCorps 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and
    (3) The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist AmeriCorps in connection with its 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    I. To another federal agency or federal entity, when AmeriCorps 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in:
    (1) Responding to a suspected or confirmed breach; or
    (2) Preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    J. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    K. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings, when it is 
relevant and necessary to the litigation or proceeding.
    L. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for AmeriCorps, when 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use are 
subject to the same requirements and limitations on disclosure as are 
applicable to AmeriCorps officers and employees.
    M. To appropriate third parties contracted by AmeriCorps to 
investigate a complaint or appeal filed by an employee or applicant, or 
to facilitate and conduct mediation or other alternative dispute 
resolution (ADR) procedures or programs.
    N. To any official or designee charged with the responsibility to 
conduct qualitative assessments at a designated statistical agency and 
other well established and trusted public or private research 
organizations, academic institutions, or agencies for an evaluation, 
study, research, or other analytical or statistical purpose.
    O. Disclosure including referral:
    (1) To a federal, state, or local agency charged with the 
responsibility of investigating, enforcing, or implementing the 
statutes, rules, regulations, or orders that authorize AmeriCorps' 
maintenance of this system;
    (2) to an investigator, counselor, grantee or other recipient of 
federal financial assistance or hearing officer or arbitrator charged 
with the above responsibilities;
    (3) any and all appropriate and necessary uses of such records in a 
court of law or before an administrative board or hearing; and
    (4) such other referrals as may be necessary to carry out the 
enforcement and implementation of the statutes, rules, regulations, or 
orders that authorize AmeriCorps' maintenance of this system.
    P. To the Congressional committees having legislative oversight 
over the program involved, including when actions are proposed to be 
undertaken by suspending or terminating or refusing to grant or to 
continue federal financial assistance for violation of the statutes, 
rules, regulations, or orders that apply to recipients of federal 
financial assistance from AmeriCorps.
    Q. To any source, either private or governmental, to the extent 
necessary to secure from source information relevant to, and sought in 
furtherance of, a legitimate investigation or Equal

[[Page 33339]]

Employment Opportunity counseling matter.
    R. To a contractor, grantee or other recipient of federal financial 
assistance, when the record to be released reflects serious 
inadequacies with the recipient's personnel, and disclosure of the 
record is for the purpose of permitting the recipient to effect 
corrective action in the Government's best interests.
    S. To any party pursuant to the receipt of a valid subpoena.
    T. To federal, state, local and professional licensing authorities 
when the record to be released reflects on the moral, educational, or 
vocational qualifications of an individual seeking to be licensed.
    U. To the Office of Government Ethics (OGE) for any purpose 
consistent with OGE's mission, including the compilation of statistical 
data.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    AmeriCorps stores records in this system electronically.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by the complainant's name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The applicable records retention and disposition schedules are 
General Records Schedule (GRS) 2.3, item 110 and GRS 2.3, item 111. The 
disposition authority for Title VI Civil Rights discrimination informal 
complaint case file is DAA-GRS-2018-0002-0012. The disposition is 
temporary, and records will be destroyed 3 years after resolution of a 
case, but longer retention is authorized if required for business use. 
The disposition authority for Title VI Civil Rights discrimination 
formal complaint case files is DAA-GRS-2018-0002-0013. The disposition 
is temporary, and records will be destroyed 7 years after resolution of 
a case, but longer retention is authorized if required for business 
use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    AmeriCorps safeguards records in this system according to 
applicable laws, rules, and policies, including all applicable 
AmeriCorps automated systems security and access policies. AmeriCorps 
has strict controls in place to minimize the risk of compromising the 
information that is being stored. Access to the computer system 
containing the records in this system is limited to those individuals 
who have a need to know the information for the performance of their 
official duties and who have appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    In accordance with 45 CFR part 2508--Implementation of the Privacy 
Act of 1974, as amended, individuals wishing to access their own 
records stored within the system of records may contact the FOIA 
Officer/Privacy Act Officer by sending (1) an email to 
[email protected] or (2) a letter addressed to the System Manager, 
Attention Privacy Inquiry. Individuals who make a request must include 
enough identifying information (i.e., full name, current address, date, 
and signature) to locate their records, indicate that they want to 
access their records, and be prepared to confirm their identity as 
required by 45 CFR part 2508.

CONTESTING RECORD PROCEDURES:
    All requests to contest or amend information maintained in the 
system will be directed to the FOIA Officer/Privacy Act Officer. 
Individuals who make a request must include enough identifying 
information to locate their records, in the manner described above in 
the Record Access Procedures section. Requests should state clearly and 
concisely what information is being contested, the reasons for 
contesting it, and the proposed amendment to the information.

NOTIFICATION PROCEDURES:
    Any individual desiring to contest or amend information not subject 
to exemption may contact the FOIA Officer/Privacy Act Officer via the 
contact information in the Record Access Procedures section. 
Individuals who make a request must include enough identifying 
information to locate their records, indicate that they want to be 
notified whether their records are included in the system, and be 
prepared to confirm their identity as required by 45 CFR part 2508.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Discrimination Complaint Files-Corporation-10 issued 67 FR 4395-
4410 (January 30, 2002).

Prabhjot Bajwa,
Senior Agency Official for Privacy and Chief Information Officer.
[FR Doc. 2024-09147 Filed 4-26-24; 8:45 am]
BILLING CODE 6050-28-P