Home > 1997 Privacy Act Documents > Privacy Act: [ USDA/OGC-56] Land Exchanges, other than Exchange Act--Forest Service--USDA/OGC....

Privacy Act: [ USDA/OGC-56] Land Exchanges, other than Exchange Act--Forest Service--USDA/OGC....


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   Division, OGC, USDA, Washington, DC 20250, or the appropriate 
   Regional Attorney or Attorney in Charge at the address specified 
   above.
     Systems exempted from certain provisions of the act:  This system 
   has been exempted pursuant to 5 U.S.C. 552a(k)(2) from the 
   requirements of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H), 
   (I), and (f) because it consists of investigatory material compiled 
   for law enforcement purposes. See 7 CFR 1.123. Individual access to 
   these files could impair investigations and alert subjects of 
   investigations that their activities are being scrutinized, and thus 
   allow them time to take measures to prevent detection of illegal 
   action or escape prosecution. Disclosure of investigative techniques 
   and procedures and the existence and identity of confidential sources 
   of information would hamper law enforcement activity.

   #.. USCA/OGC-71

   #....System name:  Civil Rights, Administrative and Judicial 
      Actions--USDA/OGC.

     System location:  Office of the General Counsel, Research and 
   Operations Division, USDA, Washington, DC 20250, and Offices of 
   Regional Attorneys and Attorneys-in-charge, OGC, USDA, at the 
   following locations: Albuquerque, New Mexico; Atlanta, Georgia; 
   Chicago, Illinois; Denver, Colorado; Harrisburg, Pennsylvania; Little 
   Rock, Arkansas; Milwaukee, Wisconsin; Temple, Texas; Missoula, 
   Montana; Ogden, Utah; Portland, Oregon; San Francisco, California; 
   Santurce, Puerto Rico; Shawnee Mission, Kansas; Stillwater, Oklahoma.
       Addresses of each field office are listed in the telephone 
   directories of the respective cities listed above under the heading 
   ``United States Government, Department of Agriculture, Office of the 
   General Counsel.''
     Categories of individuals covered by the system:  Individuals who 
   have brought suit or filed administrative complaints against USDA or 
   USDA employees or recipients of USDA assistance alleging 
   discrimination on the basis of race, color, or national origin by 
   USDA, its employees or recipients of assistance from USDA.
     Categories of records in the system:  The system consists of 
   complete files on individual suits or administrative actions, 
   including investigation reports, administrative determinations, 
   statements of witnesses, and agency reports.
     Authority for maintenance of the system:  42 U.S.C. 2000(d); 5 
   U.S.C. 301; 7 CFR 2.31.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Referral to (1) 
   Department of Justice for defense or prosecution of suits brought 
   involving USDA, an officer or employee of USDA, or the United States; 
   (2) 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 regulatory in 
   nature, and whether arising by general statute or particular program 
   statute, or by rule, regulation or order issued pursuant thereto; (3) 
   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; (4) the Civil Rights Commission in 
   response to its request for information; (5) Disclosure may be made 
   to a congressional office from the record of an individual in 
   response to an inquiry from the congressional ofice made at the 
   request of that individual.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  Records are maintained in file folders at the applicable 
   address listed above.
     Retrievability:  Records are indexed by name of individual.
     Safeguards:  Records are kept in a locked office.
     Retention and disposal:  Records are maintained until case is 
   closed or no longer needed or as otherwise provided in agency 
   directives and disposed of or sent to appropriate records center in 
   accordance with such directives.
     System manager(s) and address:  Director, Research and Operations 
   Division, OGC, USDA, Washington, DC 20250, or the appropriate 
   Regional Attorney or Attorney-in-Charge at the address specified 
   above.
     Notification procedure:  Any individual may request information 
   regarding this system or records, or information as to whether the 
   system contains records pertaining to him from the Director, Research 
   and Operations Division, OGC, USDA, Washington, DC 20250, or the 
   appropriate Regional Attorney or Attorney-in-Charge at the address 
   listed above. If the specific location of the record is not known, 
   the individual should address his request to the Director, Research 
   and Operations Division, who, if necessary, will refer it to the 
   appropriate field office. A request for information pertaining to an 
   individual should contain: Name, address, and particulars involved.
     Record access procedures:  any individual may obtain information as 
   to the procedures for gaining access to a record in the system which 
   pertains to him, by submitting a written request to the appropriate 
   official referred to in the preceding paragraph.
     Contesting record procedures:  Same as Record Access Procedures.
     Record source categories:  Information in this system comes 
   primarily from litigants, witnesses, agency employees, and 
   investigative personnel.

   #.. USDA/OGC-72

   #....System name:  Claims By and Against USDA, USDA/OGC.

     System location:  Office of the General Counsel, Research and 
   Operations Division, USDA, Washington, DC 20250, and Offices of 
   Regional Attorneys and Attorneys-in-Charge, OGC, USDA, at the 
   following locations: Albuquerque, New Mexico; Atlanta, Georgia; 
   Chicago, Illinois; Harrisburg, Pennsylvania; Little Rock, Arkansas; 
   Milwaukee, Wisconsin; Missoula, Montana; Ogden, Utah; Portland, 
   Oregon; San Francisco, California; Santurce, Puerto Rico; Shawnee 
   Mission, Kansas; Stillwater, Oklahoma; Temple, Texas.
       Addresses of each field office are listed in the telephone 
   directories of the respective cities listed above under the heading 
   ``United States Government, Department of Agriculture, Office of the 
   General Counsel.''
     Categories of individuals covered by the system:  Individuals who 
   file or may file (1) claims against USDA pursuant to the Federal Tort 
   Claims Act and the Military Personnel and Civilian Employees Claims 
   Act, (2) claims against the Forest Service pursuant to 16 USC 502, 
   556c, or 574, and (3) tort suits against the United States or its 
   officers or instrumentalities concerning USDA activities; individuals 
   against whom the Department has a monetary claim arising out of USDA-
   provided services, their employment by USDA, or damages to USDA 
   property.
     Categories of records in the system:  The system consists of files 
   on individual claims, including claim forms, police reports, 
   investigation and accident reports, statements of witnesses, agency 
   reports, correspondence, legal opinions, pleadings, transcripts, and 
   related documents, and other information pertaining to matters 
   referred by USDA agencies requesting legal assistance in settlement 
   of claims against individuals arising out of USDA-provided services, 
   their employment by USDA, or damages to USDA property.
     Authority for maintenance of the system:  16 U.S.C. 502, 556c, 574; 
   28 U.S.C. 1345, 1346, 2671-2680; 31 U.S.C. 240-243; 7 CFR 2.31.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Referral to (1) 
   Department of Justice for concurrence of allowance of tort claims 
   over 25,000, for defense of tort suits brought against the United 
   States or its officers, and for institution of suit for recovery of 
   claims by USDA; (2) Department of Labor in cases involving Job 
   Corpsmen or arising under the Federal Employees Compensation Act (5 
   USC Chapter 81); (3) insurance companies for handling of claims; (4) 
   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 regulatory in 
   nature, and whether arising by general statute or particular program 
   statute, or by rule, regulation or order issued pursuant thereto; (5) 
   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; (6) 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:  Records are maintained in file folders at the applicable 
   address listed above.
     Retrievability:  Records are indexed by name of individual. In some 
   instances, they are also cross-indexed by the names of other 
   individuals mentioned in the files.
     Safeguards:  Records are kept in a locked office. Some sensitive 
   materials are kept in locked drawers.
     Retention and disposal:  Records are maintained until case is 
   closed or no longer needed or as otherwise provided in agency 
   directives and disposed of or sent to appropriate records center in 
   accordance with such directives.
     System manager(s) and address:  Director, Research and Operations 
   Division, OGC, USDA, Washington, DC 20250, or the appropriate 
   Regional Attorney or Attorney-in-Charge at the address specified 
   above.
     Notification procedure:  Any individual may request information 
   regarding this system of records, or information as to whether the 
   system contains records pertaining to him from the Director, Research 
   and Operations Division, OGC, USDA, Washington, DC 20250, or the 
   appropriate Regional Attorney or Attorney-in-Charge at the address 
   listed above. If the specific location of the record is not known, 
   the individual should address his request to the Director, Research 
   and Operations Division, who, if necessary, will refer it to the 
   appropriate field office. A request for information pertaining to an 
   individual should contain: Name, address, and particulars involved.
     Record access procedures:  Any individual may obtain information as 
   to the procedures for gaining access to a record in the system which 
   pertains to him, by submitting a written request to the appropriate 
   official referred to in the preceding paragraph.
     Contesting record procedures:  Same as Record Access Procedures.
     Record source categories:  Information in this system comes 
   primarily from claimants, witnesses, agency employees, and 
   investigative personnel.

   #.. USDA/OGC-73

   #....System name:  Contract Cases, USDA/OGC.

     System location:  Office of the General Counsel, Research and 
   Operations Division, USDA, Washington, DC 20250, and Offices of 
   Regional Attorneys and Attorneys-in-Charge, OGC, USDA, at the 
   following locations: Albuquerque, New Mexico; Atlanta, Georgia; 
   Chicago, Illinois; Denver, Colorado; Harrisburg, Pennsylvania; Little 
   Rock, Arkansas; Milwaukee, Wisconsin; Missoula, Montana; Ogden, Utah; 
   Portland, Oregon; San Francisco, California; Santurce, Puerto Rico; 
   Shawnee Mission, Kansas; Stillwater, Oklahoma; Temple, Texas.
       Addresses of each filed office are listed in the telephone 
   directories of the respective cities listed above under the heading 
   ``United States Government, Department of Agriculture, Office of the 
   General Counsel.''
     Categories of individuals covered by the system:  Persons who 
   submit offers or bids to solicitations of agencies of USDA r who 
   contract with agencies of USDA.
     Categories of records in the system:  The system consists of 
   partial and/or complete files relating to legal issues that arise out 
   of the procurement activities of USDA; it includes copies of 
   contracts, contract claims, investigation reports, contracting 
   officer's decisions, correspondence, and pleadings, transcripts, and 
   related documents in contract appeal cases before the USDA Board of 
   Contract Appeals.
     Authority for maintenance of the system:  41 U.S.C. 251 et seq; 7 
   CFR 2.31; 41 CFR Chapters 1 and 4.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Referral to (1) 
   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 regulatory in 
   nature, and whether arising by general statute or particular program 
   statute, or by rule, regulation or order issued pursuant thereto; (2) 
   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 discover; (3) the General Accounting Office 
   for determination of bid protests, and questions on information, 
   rescission, mistake in bid, and remission of liquidated damages; (4) 
   Department of Justice for defense of suits filed against Government 
   or for institution of suit for recovery of claims arising under the 
   contract; (5) 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:  Records are maintained in file folders at the applicable 
   address listed above.
     Retrievability:  Records are indexed by name of individual bidder, 
   offeror, or contractor.
     Safeguards:  Records are kept in a locked office.
     Retention and disposal:  Records are maintained until case is 
   closed or no longer needed or as otherwise provided in agency 
   directives and disposed of or sent to appropriate records center in 
   accordance with such directives.
     System manager(s) and address:  Director, Research and Operations 
   Division, OGC, USDA, Washington, DC, or the appropriate Regional 
   Attorney or Attorney-in-Charge at the address specified above.
     Notification procedure:  Any individual may request information 
   regarding this system of records, or information as to whether the 
   system contains records pertaining to him from the Director, Research 
   and Operations Division, OGC, USDA, Washington, DC, or the 
   appropriate Regional Attorney or Attorney-in-charge at the address 
   listed above. If the specific location of the record is not known, 
   the individual should address his request to the director, Research 
   and Operations Division, who, if necessary, will refer it to the 
   appropriate field office. A request for information pertaining to an 
   individual should contain: Name, address, and particulars involved.
     Record access procedures:  Any individual may obtain information as 
   to the procedures for gaining access to a record in the system which 
   pertains to him, by submitting a written request to the appropriate 
   official referred to in the preceding paragraph.
     Contesting record procedures:  Same as Record Access Procedures.
     Record source categories:  Information in this system comes 
   primarily from bidders, offerors, contractors, witnesses, agency 
   employees, and investigation personnel.

   #.. USDA/OGC-74

   #....System name:  Patents and Inventions of Department Employees, 
      USDA/OGC.

     System location:  Office of the General Counsel, Research and 
   Operations Division, USDA, Washington, DC 20250.
     Categories of individuals covered by the system:  Individuals who 
   make inventions pursuant to their employment by USDA.
     Categories of records in the system:  The system consists of files 
   on descriptions of the individual's invention, and all papers and 
   forms in connection with matters pending before the U.S. Patent and 
   Trademark office.
     Authority for maintenance of the system:  5 U.S.C. 301; 35 U.S.C. 
   1-293; 37 CFR 100-100.11; 7 CFR 2.31.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Copies of all 
   papers and forms sent to the U.S. Patent and Trademark Office are 
   simultaneously placed in said files. Referral to the Department of 
   Justice in the event of appeal from action by the Patent and 
   Trademark Office. 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:  Records are maintained in file folders at the applicable 
   address listed above.
     Retrievability:  Records are indexed by name of the individual 

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