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