[Federal Register Volume 60, Number 19 (Monday, January 30, 1995)]
[Proposed Rules]
[Page 5597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1974]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 19 / Monday, January 30, 1995 /
Proposed Rules
[[Page 5597]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 1
Privacy Act Regulations; Implementation
AGENCY: Office of the Secretary, USDA.
ACTION: Proposed rule.
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SUMMARY: The Department of Agriculture (USDA) hereby proposes to amend
its regulations by adding one system of records to those exempted from
certain sections of the Privacy Act of 1974 (5 U.S.C. 552a) pursuant to
5 U.S.C. 552a(k).
DATES: Comments must be received by the contact person listed below on
or before March 1, 1995.
FOR FURTHER INFORMATION CONTACT: Andrew Johnson, Jr., Acting Deputy
Associate Director, Policy and Planning Division, Office of Civil
Rights Enforcement, U.S. Department of Agriculture, 14th and
Independence Avenue SW., Room 1364--South Building, Washington, DC
20250-9400, (202) 720-1130 (voice/TDD).
SUPPLEMENTARY INFORMATION: USDA is proposing to exempt, pursuant to
subsection (k)(2) of the Privacy Act, 5 U.S.C. 552a(k)(2), Department-
wide system of records Program Discrimination Complaints, USDA/OCRE-1,
from subsections (c)(3), (d), (e)(1), (e)(4)(H), (e)(4)(I), and (f) of
the Act. A separate notice regarding USDA/OCRE-1 will be published in
the Federal Register.
The proposed new system will consist of files on complaints of
discrimination in USDA federally assisted or federally conducted
programs or activities. The information is collected by the Office of
Civil Rights Enforcement (OCRE) and by the civil rights compliance
offices of the program agencies involved during the course of
investigations of program discrimination complaints and includes
investigative notes, signed statements, correspondence, case history
and status, personal information concerning agency personnel and
private individuals, financial information and other related
information, and reported findings of OCRE and other USDA entities,
such as the Office of Inspector General.
The authority for maintenance of this system is 5 U.S.C. 301; 42
U.S.C. 2000d, et seq.; 42 U.S.C. 3608(d); 42 U.S.C. 12101, et seq.; 20
U.S.C. 1681, et seq.; 29 U.S.C. 794; 15 U.S.C. 1691, et seq.; and 7
U.S.C. 2011, et seq. These statutes authorize USDA to ensure that USDA
federally assisted or federally conducted programs or activities are
consistent with civil rights laws.
USDA has determined to exempt this system of records from the
above-referenced provisions of the Privacy Act because the exemption is
necessary for the agency's law enforcement efforts. The subject
individuals of the files in these systems know that USDA is maintaining
a file on their complaint and the general nature of the information
contained in it. Subject individuals of the files in this system have
been provided procedures for agency investigation of their program
discrimination complaints by USDA regulations at 7 CFR part 15. Subject
individuals of the files in this system, as part of the investigative
process, are given the opportunity to submit any relevant information
during the investigative process. To allow the subject individuals the
additional right under the Privacy Act to have access to, and to amend
or correct, the records or information submitted by the allegedly
discriminating agency or by witnesses would undermine the investigatory
process.
List of Subjects in 7 CFR Part 1
Privacy.
Accordingly, 7 CFR part 1 is proposed to be amended to read as
follows:
PART 1--ADMINISTRATIVE REGULATIONS
Subpart G--Privacy Act Regulations
1. The authority citation for part 1, subpart G, continues to read
as follows:
Authority: 5 U.S.C. 552a.
2. Section 1.123 is proposed to be amended by adding the following
to read as follows:
Sec. 1.123 Specific exemptions.
* * * * *
Office of Civil Rights Enforcement
Program Discrimination Complaints, USDA/OCRE-1.
Signed at Washington, DC, on January 11, 1995.
Richard E. Rominger,
Acting Secretary.
[FR Doc. 95-1974 Filed 1-27-95; 8:45 am]
BILLING CODE 3410-01-M
