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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
Other Popular 1995 Privacy Act Documents Documents:
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