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Privacy Act: [ACTION-4] ACTION Domestic Full-Time Volunteer Personnel File....


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  the Agency and his/her staff.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  To prepare correspondence and materials for litigation.
Policies and practices for storing, retrieving, accessing, retaining and 
    disposing of records in the system: 
Storage: 
  File cabinets and computerized docket system.
Retrievability: 
  Name of individual and the year litigation commenced.
Safeguards: 
  Manual records are maintained in file cabinets under the control of 
  authorized personnel during working hours. The office space in which 
  the file cabinets are located is outside of official working hours. 
  Computer terminals are located in supervised areas.
Retention and disposal: 
  Records will be maintained in the Office of General Counsel for one 
  (1) year after closure. Records will then be sent to the Federal 
  Records Center where they will be destroyed after ten (10) years.
System manager(s) and address:
  General Counsel/ACTION, room 9200, 1100 Vermont Avenue, NW., 
  Washington, DC 20525.
Record access procedures: 
  Litigation files are not subject to access. Other files may be 
  accessed in accordance with agency-wide regulations.
Record source categories: 
  Data is obtained from the following categories of sources: 1. ACTION 
  employees. 2. Correspondence and reports from persons and agencies 
  dealing with the agency and its employees. 3. Work product and 
  research of lawyers of the office. 4. Court records.
System exempted from certain provisions of the act: 
  Any information compiled in reasonable anticipation of a civil action 
  or proceeding. 5 U.S.C. 552a(d)(5).

<DOC>
 

ACTION

ACTION-14

System name: Merit Promotion Plan Files.

System location: 
  ACTION, Personnel Management Division, 1100 Vermont Avenue, NW., 
  Washington, DC 20525.
Categories of individuals covered by the system: 
  Applicants for employment with ACTION.
Categories of records in the system: 
  These files contain copies of applications for employment (SF-171), 
  submitted by applicants and other background information regarding 
  qualifications of the applicant for staff positions in ACTION.
Authority for maintenance of the system: 
  The Domestic Volunteer Service Act of 1973.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  The contents of these records and files may be disclosed and used as 
  follows: 1. To the Office of Personnel Management with regard to any 
  question of eligibility, suitability or qualifications of an applicant 
  for employment. 2. To any source which requests information in the 
  course of an inquiry as to the qualifications of an applicant to the 
  extent necessary to identify the individual, inform the source of the 
  nature and purpose of the inquiry, and to identify the type of 
  information requested. Also, see General Routine Uses contained in 
  Preliminary Statement.
Policies and practices for storing, retrieving, accessing, retaining and 
    disposing of records in the system: 
Storage: 
  Files are maintained in folders in metal file cabinets with 
  combination locks.
Retrievability: 
  Records are indexed in order of vacancy announcement number.
Safeguards: 
  Records are generally available only to ACTION employees with the need 
  for such records in the performance of their duties.
Retention and disposal: 
  Records are destroyed when applications are two (2) years old. 
  Applications which resulted in appointment are filed in the Official 
  Personnel Folder and are subsequently retired to the Federal Records 
  Center, St. Louis, Missouri.
System manager(s) and address:
  Chief, Personnel Staffing and Employee Development Branch, ACTION, 
  1100 Vermont Avenue, NW., Washington, DC 20525.
Notification procedure: 
  See the Notification paragraph in the Preliminary Statement.
Record access procedures: 
  See the Access and Contest paragraph in the Preliminary Statement.
Contesting record procedures: 
  Same as Record Access Procedures category.
Record source categories: 
  Information contained in the system is obtained from the following 
  categories of sources: Applications and other personnel forms 
  furnished by the individual; oral or written inquiries from sources 
  disclosed by the applicant, such as, employers, schools, references, 
  etc.

<DOC>
 

ACTION

ACTION-15

System name: Office of the Inspector General Investigative 
      Files.

System location: 
  Office of the Inspector General, ACTION, 1100 Vermont Avenue, NW., 
  room 12100, Washington, DC 20525.
Categories of individuals covered by the system: 
  Subjects of investigations or complaints, including (but not 
  necessarily limited to) former and present ACTION employees; former 
  and present ACTION grant recipients, applicants, consultants, 
  contractors and subcontractors and their employees; and other parties 
  doing business with ACTION.
Categories of records in the system: 
  All correspondence relevant to the investigation; all internal staff 
  memoranda; information provided by subjects, witnesses, and 
  governmental investigatory or law enforcement organizations; copies of 
  all subpoenas issued during the investigation; affidavits, statements 
  from witnesses, memoranda of interviews, transcripts of testimony 
  taken in the investigation and accompanying exhibits; documents and 
  records or copies obtained during the investigation; working papers of 
  the staff, investigators' notes, and other documents and records 
  relating to the investigation; information about criminal, civil, or 
  administrative referrals; and opening reports, progress reports, and 
  closing reports, with recommendations for corrective action.
Authority for maintenance of the system: 
  The Inspector General Act of 1978, as amended, 5 U.S. Code appendix 3.
Purpose(s):
  To maintain files of investigations and investigative activities 
  carried out by the Office of the Inspector General.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  1. Referral to Federal, state, local and foreign investigative or 
  prosecutive authorities.
  A record in the system of records, which indicates either by itself or 
  in combination with other information within the Agency's possession, 
  a violation or potential violation of law, whether civil, criminal or 
  regulatory and whether arising by general statute or particular 
  program statute, or by regulation, rule or order issued pursuant 
  thereto, may be disclosed, as a routine use, to the appropriate 
  Federal, foreign, state or local agency or professional organization 
  charged with the responsibility of investigating or prosecuting such 
  violation or charged with enforcing or implementing or investigating 
  or prosecuting such violation or charged with enforcing or 
  implementing the statute or rule, regulation or order issued pursuant 
  thereto.
  2. Disclosure to a Federal or state grand jury agent pursuant to a 
  Federal or state grand jury subpoena or prosecution request that such 
  record be released for the purpose of its introduction to a grand 
  jury.
  3. Referral to suspension/debarment authorities, internal to the 
  Agency, when the record released is germane to a determination of the 
  propriety of, or necessity for, a suspension or debarment action.
  4. Referral 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.
  5. Disclosure to a contractor, grantee or other recipient of Federal 
  funds, 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.
  6. Disclosure to a contractor, grantee or other recipient of Federal 
  funds, when the recipient has incurred an indebtedness to the 
  Government through its receipt of Government funds, and release of the 
  record is for the purpose of allowing the debtor to effect a 
  collection against a third party.
  7. Disclosure to any source, either private or governmental, to the 
  extent necessary to secure from such source information relevant to, 
  and sought in furtherance of, a legitimate investigation or audit.
  8. Disclosure to a domestic, foreign or international governmental 
  agency considering personnel or other internal actions, such as 
  assignment, hiring or retention of an individual, issuance of a 
  security clearance, reporting an investigation of an individual, award 
  of a contract or issuance of a license, grant or other benefit, to the 
  extent that the information is relevant and necessary to such agency's 
  decision on the matter.
  9. Disclosure to the Office of Government Ethics (OGE) for any purpose 
  consistent with OGE's mission, including the compilation of 
  statistical data.
  10. Disclosure to a Board of Contract Appeals, the General Accounting 
  Office, or other tribunal hearing a bid protest involving an Agency 
  procurement.
  11. Disclosure to a domestic, foreign or international governmental 
  law enforcement agency maintaining civil, criminal or other relevant 
  enforcement information, or other pertinent information, in order that 
  ACTION may obtain information relevant to an Agency decision 
  concerning the assignment, hiring or retention of an individual, the 
  issuance of a security clearance, the letting of a contract, or the 
  issuance of a license, grant, or other benefit.
  12. Disclosure to the Department of Justice in order to obtain the 
  Department's advice regarding ACTION's disclosure obligations under 
  the Freedom of Information Act.
  13. Disclosure to the Office of Management and Budget (OMB) in order 
  to obtain OMB's advice regarding ACTION's obligations under the 
  Privacy Act.
  14. Disclosure to a member of Congress making a request at the behest 
  of a party protected under the Privacy Act, when the member of 
  Congress informs the appropriate Agency official that the individual 
  to whom the record pertains has authorized the member of Congress to 
  have access.
  15. Disclosure to any Federal agency pursuant to the receipt of a 
  valid subpoena.
  16. Disclosure to the Department of the Treasury or the Department of 
  Justice when ACTION is seeking an ex parte court order to obtain 
  taxpayer information from the Internal Revenue Service.
  17. Disclosure to debt collection contractors for the purpose of 
  collecting delinquent debts as authorized by the Debt Collection Act 
  of 1982, 31 U.S.C. 3713.
  18. Disclosure to a ``consumer reporting agency'' as that term is 
  defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) and the 
  Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)), in order 
  to obtain information in the course of an investigation or audit.
  19. Disclosure to Agency counsel, the administrative hearing tribunal, 
  and counsel to the adverse party, in a Program Fraud Civil Remedies 
  Act litigation.
  20. Disclosure to a Federal, State, or local agency for use in 
  computer matching programs to prevent and detect fraud and abuse in 
  benefit programs administered by those agencies, to support civil and 
  criminal law enforcement activities of those agencies and their 
  components, and to collect debts and overpayments owed to those 
  agencies and their components.
  21. Disclosure to any court or administrative authority or during the 
  course of any litigation in which ACTION is a party or has an 
  interest.
  A record in the system of records may be disclosed in a proceeding 
  before a court or adjudicative body before which ACTION is authorized 
  to appear, or in the course of settlement negotiations with opposing 
  counsel when--
  (1) ACTION, or any component thereof,
  (2) Any employee of ACTION in his or her official capacity,
  (3) Any employee of ACTION in his or her individual capacity, where 
  the Government has agreed to represent the employee, or
  (4) The United States, where ACTION determines that the litigation is 
  likely to affect ACTION or any of its components--

  is a party to the litigation or has an interest in such litigation, 
  and ACTION determines that the use of such records is relevant and 
  necessary to the litigation; provided, however, that in each case 
  ACTION determines that disclosure of the records is a use of the 
  information contained in the records that is compatible with the 
  purpose for which the records were collected. A record relating to the 
  case also may be provided to an actual or potential party or his/her 
  attorney for the purpose of negotiation or discussion on such matters 
  as settlement of the case or matter, plea bargaining, or discovery 
  proceedings.
  22. Disclosure to ACTION's legal representative, including the 
  Department of Justice and other outside legal counsel, when ACTION is 
  a party in litigation or has an interest in litigation.
  A record in the system of records may be disclosed to the Department 
  of Justice or outside legal counsel when--
  (1) ACTION or any component thereof,
  (2) Any employee of ACTION in his or her official capacity,
  (3) Any employee of ACTION in his or her individual capacity, where 
  the Department of Justice has agreed or is considering a request to 
  represent the employee, or
  (4) The United States, where ACTION determines that the litigation is 
  likely to affect ACTION or any of its components--

  is a party to the litigation or has an interest in such litigation, 
  and ACTION determines that the use of such records by the Department 
  of Justice or outside legal counsel is relevant and necessary to the 
  litigation; provided, however, that in each case, ACTION determines 
  that disclosure of the records to the Department of Justice or outside 
  legal counsel is a use of the information contained in the records 
  that is compatible with the purpose for which the records were 
  collected.
Policies and practices for storing, retrieving, accessing, retaining and 
    disposing of records in the system: 
Storage: 
  The Office of the Inspector General Investigative Files consist of 
  paper records maintained in folders and an automated data base 
  maintained on computer diskettes. The folders and diskettes are stored 
  in locked metal file cabinets. The file cabinets are located in the 
  Office of the Inspector General.
Retrievability: 
  The records are retrieved by the name of the subject of the 
  investigation or by a unique control number assigned to each 
  investigation.
Safeguards: 
  Records in the system are available only to those persons whose 
  official duties require such access. The records are kept in limited 
  access areas during duty hours and in locked file cabinets in a locked 
  office at all other times.
Retention and disposal: 
  Records will be held in the office pursuant to General Records 
  Schedule 22, June 1988, and will be destroyed by shredding or burning 
  when no longer needed.
System manager(s) and address:
  Inspector General, Office of the Inspector General, ACTION, 1100 
  Vermont Avenue, NW, Washington, DC 20525.
Notification procedures:
  To determine whether this system of records contains a record 
  pertaining to the requesting individual, the individual should write 
  to the System Manager, furnishing his or her name, address and social 
  security number.
Record access procedures: 
  See Notification procedures.

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