Home > 1995 Privacy Act Documents > Privacy Act: [ USDA/FS-48] YCC Long-term Benefit Evaluation, USDA/FS....

Privacy Act: [ USDA/FS-48] YCC Long-term Benefit Evaluation, USDA/FS....


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  Inspector General, USDA. They also contain evidence gathered in the 
  course of reviews and investigations, as well as intra and 
  interdepartmental recommendations. The records system also includes a 
  tracking system maintained by computer which provides current status 
  reports on all cases involving the Agency.
Authority for maintenance of the system: 
  The Office of Compliance is responsible for compliance activities 
  pertaining to programs administered by AMS authorized by the 
  legislation listed in 7 CFR 2.50.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  (1) Referral to the appropriate agency, whether Federal, State, local, 
  or foreign, charged with the responsibility of investigating or 
  prosecuting a violation of law, or of enforcing or implementing the 
  statute, rule, regulation, or order issued pursuant thereto, of any 
  record within this system, when information available indicates a 
  violation or potential violation of law, whether civil, criminal, or 
  regualtory in nature, and whether arising by general statute or 
  particular program statute, or by rule, regulation, or order issued 
  pursuant thereto;
  (2) Referral to the Department of Justice when (a) the agency, or any 
  component thereof; or (b) any employee of the agency in his or her 
  official capacity; or (c) any employee of the agency in his or her 
  individual capacity where the Department of Justice has agreed to 
  represent the employee; or (d) the United States, where the agency 
  determines that litigation is likely to affect the agency or any of 
  its components, is a party to litigation or has an interest in such 
  litigation, and the use of such records by the Department of Justice 
  is deemed by the agency to be relevant and necessary to the 
  litigation, provided, however, that in each case, the agency 
  determines that disclosure of the records to the Department of Justice 
  is a use of the information contained in the records that is 
  compatible with the purpose for which the records were collected.
  (3) Disclosure in a proceeding before a court or adjudicative body 
  before which the agency is authorized to appear, when (a) the agency, 
  or any component thereof; or (b) any employee of the agency in his or 
  her official capacity; or (c) any employee of the agency in his or her 
  individual capacity where the agency has agreed to represent the 
  employee; or (d) the United States, where the agency determines that 
  litigation is likely to affect the agency or any of its components, is 
  a party to litigation or has an interest in such litigation, and the 
  agency determines that use of such records is relevant and necessary 
  to the litigation, provided, however, that in each case, the agency 
  determines that disclosure of the records to the court is a use of the 
  information contained in the records that is compatible with the 
  purpose for which the records were collected.
  (4) Records may be disclosed in response to a request for discovery or 
  for the appearance of a witness, to the extent that what is disclosed 
  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: 
  Records are stored in file folders and in computer data files at the 
  address listed under ``System location.''
Retrievability: 
  The records filed in this system are issued a primary name and case 
  number specifying the appropriate division in AMS to which they 
  pertain. A secondary name stating the subject being investigated is 
  also issued. The records are filed in order of occurrence. Files are 
  retrieved by identifying the division, subject, and case number.
Safeguards: 
  Records are stored in file folders and computer data files. The 
  computer data base in accessed through a procedure used by the 
  Compliance Staff. Offices containing these records are locked during 
  nonbusiness hours and when offices are otherwise vacant. All records 
  are accessible to AMS Compliance Staff.
Retention and disposal: 
  Records are maintained and destroyed in accordance with AMS Directive 
  270.1 ``Files Maintenance and Records Disposition Handbook.'' Records 
  are maintained for a period of three years at the system location, 
  after which they are to be disposed of by authority of the National 
  Archives and Records Administration.
System manager(s) and address: 
  Questions or requests regarding this system can be sent to the 
  Associate Deputy Administrator for Compliance at the address listed 
  under ``System location.''
Systems exempted from certain provisions of the act: 
  Pursuant to 5 U.S.C. 552a(k)(2), material in this system of records is 
  exempt from the rquirements of 5 U.S.C. 552a(c)(3), (d), (e)(1), 
  (e)(4)(G), (H), and (I), and (f), because it consists of investigatory 
  material compiled for law enforcement purposes. See 7 CFR 1.123. 5 
  U.S.C. 552a(d) requires that an individual be given access to and the 
  right to amend files pertaining to him or her. Individual access to 
  these files could impair investigations in progress and alert subjects 
  involved in the investigations that their actions are under scrutiny, 
  which may allow them the opportunity to alter their actions or prevent 
  detection of any illegal actions to escape prosecution. Release of 
  these records would also disclose investigative techniques and 
  procedures employed by AMS and other agencies, which would hamper law 
  enforcement activities.
  5 U.S.C. 552a(c)(3) requires that an accounting of disclosures be made 
  available to an individual. This would impair investigations by 
  alerting subjects of investigations to the existence of those 
  investigations. Release of the information could result in the 
  altering or destruction of documentary evidence, improper influencing 
  of witnesses, and other activities that could impede or compromise the 
  investigation.
  5 U.S.C. 552a(e)(1) requires that only such information as is relevant 
  and necessary to accomplish a purpose of the agency required by 
  statute or Executive Order can be maintained. Exemption from this 
  provision is required because relevance and necessity can be 
  determined only after information is evaluated. Evaluation at the time 
  of collection is too time consuming for the efficient conduct of an 
  investigation. Further, determining relevance or necessity of specific 
  information in the early stages of an investigation is not possible.
  5 U.S.C. 552a(e)(4)(G) and (H), and (f) provide for notification and 
  access procedures. These requirements, if followed, would necessarily 
  alert subjects of investigations to the existence of the investigation 
  which could impair the investigation. Access to the records likewise 
  could interfere with investigative and enforcement proceedings; 
  disclose confidential informants and information; constitute an 
  unwarranted invasion of personal privacy of others; and reveal 
  confidential investigative techniques and procedures.
  5 U.S.C. 552a(e)(4)(I) requires that categories of sources of records 
  in each system be published. Application of this provision could 
  disclose investigative techniques and procedures and cause sources to 
  refrain from giving such information because of fear of reprisal, or 
  fear of breach of promises of anonymity and confidentially. This would 
  compromise the ability to conduct investigations.

            Agricultural Stabilization and Conservation Service

  Editorial note: Agricultural Stabilization and Conservation Service 
  (ASCS) was abolished by Pub. L. 103-354 and its functions are now 
  performed by the Farm Service Agency.

<DOC>
 

DEPARTMENT OF AGRICULTURE

 USDA/ASCS--1

System name:  Advisory Committee Files,USDA/ASCS.

System location:  USDA/ASCS, Legislation and Committee Management, Room 
    228W, Administration Building, Washington, DC 20250.
Categories of individuals covered by the system:  Individuals who are 
    nominated and agree to serve as members of the advisory committees.
Categories of records in the system:  Biographical data sheets, 
    clearance letter from Office of Secretary, letter requesting the 
    individual to serve, and his letter of acceptance.
Authority for maintenance of the system:  7 U.S.C. Sec. 1911-1913.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses:  Biographical data used in 
    press releases to announce membership of the gommittee.
  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 this individual.
Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system: 
Storage:  Maintained in individual file folders.
Retrievability:  By individual's name.
Safeguards:  Kept in file cabinets in Government office building.
Retention and disposal:  Retained in active file as long as individual 
    serves on the committee. Maintained in inactive file indefinitely.
System manager(s) and address:  Deputy Administrator, Management, ASCS, 
    USDA, Washington, DC 20250.
Notification procedure:  An individual may inquire as to whether this 
    system contains records pertaining to him by contacting the 
    Committee Management Officer, USDA/ASCS, Room 228-W. Washington, DC 
    20250. A request for information pertaining to an individual should 
    contain: name address, name of system of records, year of records in 
    question, and any other pertinent information that will help 
    identify the file.
Record access procedures:  Same as notification procedure.
Contesting record procedures:  Same as notification procedure.
Record source categories:  From individual.

<DOC>
 

DEPARTMENT OF AGRICULTURE

 USDA/ASCS--2

System name:  Biographical Background, USDA/ASCS.

System location:  Deputy Administrator, Management, USDA/ASCS, 14th & 
    Independence Ave., SW, Washington, DC 20250; Management Field 
    Office, USDA/ASCS, 8930 Ward Parkway, Kansas City, Missouri 64114; 
    Kansas City Commodity Office, Brymar Office Center, 2400 W. 75th 
    Street, Prairie Village, Kansas 66208.
  Each State ASCS office at address listed in local telephone directory 
  under the heading ``United States Government, Department of 
  Agriculture, Agricultural Stabilization and Conservation Service.''
Categories of individuals covered by the system:  Individuals who hold 
    key positions in ASCS. Guest speakers and recipients of ASCS awards.
Categories of records in the system:  Brief resume of individuals 
    personal history.
Authority for maintenance of the system:  5 U.S.C. 301; 7 CFR 2.65.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses:  To use in introduction of 
    individual at speaking engagements. 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.
Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system: 
Storage:  Maintained in file folders.
Retrievability:  Indexed by individual name.
Safeguards:  Records are kept in locked office.
Retention and disposal:  Indefinite.
System manager(s) and address:  Deputy Administrator, Management, ASCS, 
    USDA, Washington, DC 20250.
Notification procedure:  An individual may inquire as to whether this 
    system contains records pertaining to him by contacting the head of 
    the office where the records are located. If the specific location 
    of the records is not known, the individual should address his 
    request to Director, Management Services Division, USDA/ASCS, Room 
    6959-S, Washington, DC 20250, telephone 202-447-2717, who if 
    necessary will refer it to the appropriate office. A request for 
    information pertaining to an individual should contain: name, 
    address, name of system of records, year of records in question, and 
    any other pertinent information to help identify the file.
Record access procedures:  Same as notification procedure.
Contesting record procedures:  Same as notification procedure.
Record source categories:  Directly from the individual.

<DOC>
 

DEPARTMENT OF AGRICULTURE

 USDA/ASCS--3

System name:  CCC Producer Loan Records, USDA/ASCS.

System location:  County ASCS office which services particular farm. The 
    address of each county ASCS office can be found in the local 
    telephone directory under the heading ``United States Government, 
    Department of Agriculture, Agricultural Stabilization and 
    Conservation Service.
Categories of individuals covered by the system:  Individuals who have 
    applied for commodity, storage structure or drying equipment loans. 
    Includes all commodities for which price support loans are 
    available.
Categories of records in the system:  Complete files and records 
    pertaining to the loans such as original loan note, collateral, 
    credit ratings, lien searches, financial statements, applications, 
    and disbursement documents.
Authority for maintenance of the system:  15 U.S.C. 714-714p.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses:  Referral to (l) the 
    appropriate agency, whether Federal, State, local or foreign, 
    charged with the responsibility of investigating the statute, rule, 
    regulation or order issued pursuant thereto, of any record within 
    this system when information available indicates a violation or 
    potential violation of law, whether civil, criminal or regulatory in 
    nature, and whether arising by general statute or particular program 
    statute, or by rule, regulation or order issued pursuant thereto; 
    (2) referral to a court, magistrate or administrative tribunal, or 
    to opposing counsel in a proceeding before any of the above, of any 
    record within the system which constitutes evidence in that 
    proceeding, or which is sought in the course of discovery; (3) 
    disclosure may be made to a congressional office from the record of 
    an individual in response to an inqiury from the congressional 
    office at the request of the individual.
Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system: 
Storage:  Maintained in individual folders.
Retrievability:  Indexed by individual name or loan number.
Safeguards:  Records are kept in locked fireproof file cabinets in 
    Government office building.
Retention and disposal:  Upon liquidation, original loan note is 
    returned to producer. All other records destroyed 6 years after 
    liquidation.
System manager(s) and address:  Deputy Administrator, Management, ASCS, 
    USDA, Washington, DC 20250.
Notification procedure:  Any individual may request information 
    regarding a system of records, or information as to whether the 
    system contains records pertaining to him from the head of the 
    office where the records are located. If the specific location of 
    the records is not known, the individual should address his request 
    to Director, Management Services Division, USDA/ASCS, Room 6959-S, 
    Washington, DC 20250, telephone 202-447-2717, who if necessary will 
    refer it to the appropriate office. A request for information 
    pertaining to an individual should contain: Name, address, name of 
    system of records, year of records in question, and any other 
    pertinent information to help identify the file.
Record access procedures:  Same as notification procedure.
Contesting record procedures:  Same as notification procedure.
Record source categories:  Individuals in system, county court records, 
    audit bureaus and ASCS program documents.

<DOC>
 

DEPARTMENT OF AGRICULTURE

 USDA/ASCS--4

System name:  Commodity Brokers, USDA/ASCS.

System location:  Kansas City, Commodity Office, Brymar Office Center, 
    2400 West 75th Street, Prairie Village, Kansas 66208; Chicago Branch 
    Office, Room 106, 226 W. Jackson Blvd., Chicago, Illinois 60604; 
    Minneapolis Branch Office, Room 310, Grain Exchange Building, 
    Minneapolis, Minnesota 55415; Houston Branch Office, 2320 LaBranch 

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