[Federal Register Volume 60, Number 19 (Monday, January 30, 1995)]
[Notices]
[Pages 5618-5619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1975]
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DEPARTMENT OF AGRICULTURE
Office of Civil Rights Enforcement
Privacy Act; System of Records
AGENCY: Office of Civil Rights Enforcement (OCRE), Department of
Agriculture (USDA).
ACTION: Notice of redesignated and revised Privacy Act System of
Records, USDA/OCRE-1.
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SUMMARY: Notice is hereby given that USDA is proposing to redesignate
system of records USDA/OEO-1 as USDA/OCRE-1 and to revise this system
of records concerning complaints alleging discrimination in USDA
programs and activities.
EFFECTIVE DATE: This notice will be effective without further notice,
on March 31, 1995, unless comments dictate otherwise. Although the
Privacy Act requires only that the portion of the system which
describes the ``routine uses'' of the system be published for comment,
USDA invites comment on all portions of this notice. 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, USDA, Room 1364-
South Building, 14th and Independence Avenue SW., Washington, DC 20250-
9400, (202) 720-1130 (voice/TDD).
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 522a,
USDA is redesignating and revising a system of records to be maintained
by OCRE. The purpose of this notice is to announce the redesignation of
USDA/OEO-1 as USDA/OCRE-1 and the revision of this system of records
maintained by OCRE. The system contains information on program
discrimination complaints.
This redesignation and revision sets forth the authorities for the
processing of program discrimination complaints as well as lists
processes and procedures to be followed when assessing information in
this system.
A ``Report on New System,'' required by 5 U.S.C. 522a(r), as
implemented by OMB Circular A-130, was sent to the Chairman, Senate
Committee on Governmental Affairs, the Chairman, House Committee on
Governmental Affairs, and the Administrator, Office of Information and
Regulatory Affairs, Office of Management and Budget on December 2,
1994.
Signed at Washington, DC, on October 11, 1994.
Mike Espy,
Secretary.
Privacy Act System USDA/OCRE-1 Report
The purpose of this proposed system or records is to provide the
United States Department of Agriculture, (USDA) Office of Civil Rights
Enforcement, and the civil rights compliance offices of the USDA
program agencies, with the necessary information regarding the
processing of program discrimination complaints.
The authority for maintaining this system of record is 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.
Use of this system, as established, should not result in
infringement of any individual's right to privacy. All individuals
about whom information in this system is maintained will voluntarily
submit the information for the express purpose of furthering the civil
rights objectives of the Department through complaint processing.
Access to these records will be limited to USDA employees whose
official duties require such access.
These records are stored in file cabinets at the system locations.
These offices are locked when unnoccupied.
The system of records will be exempt pursuant to subsection (k)(2)
of the Privacy Act, 5 U.S.C. 552a(k)(2), from the provisions of
subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f).
USDA/OCRE-1
Program Discrimination Complaints, USDA/OCRE-1.
Program discrimination complaint files are maintained in the United
states Department of Agriculture (USDA), Office of Civil Rights
Enforcement (OCRE), and in the civil rights compliance office of the
agency with respect to which the complaint of discrimination was filed
(see appendix A).
Indifiduals who file complaints on their behalf, or on the behalf
of a group or class of persons, alleging discrimination in USDA
federally assisted or federally conducted programs or activities.
The system consists of complete files (i.e., complaints, agency
responses to complaint related correspondence inquiries, and
investigatory reports) on initial inquiries made by personnel of OCRE
and the agencies involved with complaints. The files, where
appropriate, may include investigatory reports complied by OCRE or the
agency involved.
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.
This system is established to maintain records relating to the
processing of program discrimination complaints.
(1) Disclosure may be made to the United States Department of
Justice (DOJ), a court or other tribunal, or another party before such
tribunal, when USDA, any component thereof, or any employee in his or
her individual capacity where DOJ (or USDA where it is authorized to do
so) has agreed to represent the employee, or the United States where
USDA determines that the litigation is likely to affect directly the
operations of USDA or any of its components, is a party to the
litigation or has an interest in such litigation, and USDA determines
that the use of such records by DOJ, the court or other tribunal, or
the other party before such tribunal is relevant and necessary to the
litigation; provided, however, that in each case, USDA determines that
such disclosure is compatible with the purpose for which the records
were collected.
(2) In the event that material in this system indicates a violation
of law, whether civil or criminal or regulatory in nature, and whether
arising by general statute, or by regulation, rule or order issued
pursuant thereto, the relevant records may be disclosed to the
appropriate agency, whether Federal, State, local, or foreign, charged
with the responsibility of investigation or prosecuting such violation
or charged with enforcing or implementing the statute, or rule,
regulation, or order issued pursuant thereto.
(3) Disclosure may be made to a Congressional office from the
record of [[Page 5619]] an individual in response to an inquiry from
the Congressional office made at the request of that individual.
(4) Disclosure may be made to the United States Civil Rights
Commission in response to its request for information.
Records maintained by OCRE are stored in file folders at the
address listed above; records maintained by the particular USDA agency
involved are stored in file folders at the respective civil rights
compliance office.
Records are indexed by name of complainant, agency, and address.
Records are kept in file cabinets in the office listed above. This
office is always locked when unoccupied. Access to and use of these
records are limited to those persons whose official duties require such
access.
Records are maintained for a period of 3-years, after which they
are sent to the National Archives and Records Service, Washington, D.C.
20408.
David Montoya, Director, Office of Civil Rights Enforcement, Room
1322-South Building, 14th and Independence Avenue, SW., Washington, DC
20250-9400. Within the agency with respect to which the complaint of
discrimination was filed, the System Manager is the head of the office
of civil rights compliance or other official designated as responsible
for administration and enforcement of program non-discrimination laws
and regulations.
Any individual may request information regarding this system of
records from the System Manager. The request should be in writing.
An individual who wishes to request access to records in the system
should submit a written request to the System Manager in an envelope
marked ``Privacy Act Request.''
An individual desiring to contest or amend information maintained
in the system should direct the request to the System Manager. The
request should include, as appropriate, the reasons for contesting it,
and the proposed amendment to the information sought. The regulations
governing the contesting of contents of records and appealing initial
determinations of such requests are set forth at 7 CFR 1.110-1.123.
Information in this system comes primarily from documents submitted
by or obtained from agency personnel, complainants, witnesses, program
participants and nonparticipants, investigative personnel, and
community leaders. Information in these records is also obtained
directly from the individuals in the system.
Pursuant to subsection (k)(2) of the Privacy Act, 5 U.S.C.
552a(k)(2), this system of records is exempt from subsection (c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) of the Act.
Appendix A
Agricultural Marketing Service, Equal Opportunity Staff, Room 3068-
S, 14th and Independence Ave., SW., Washington, DC 20250
Animal Plant and Health Inspection Services, Equal Opportunity
Staff, Room 1131-S, 14th and Independence Ave., SW., Washington, DC
20250
Agricultural Stabilization and Conservation Service, Equal
Opportunity Staff, Room 5079-S, 14th & Independence Ave., SW.,
Washington, DC 20250
Cooperative State Research Service, Equal Opportunity Staff, 901 D
Street, SW., Room 348 Aero Space Bldg., Washington, DC 20250
Extension Service, Equal Opportunity Staff, Room 3912-S, 14th &
Independence Ave., SW., Washington, DC 20250
Federal Crop Insurance Corporation, Equal Opportunity Staff, 2101 L
Street NW., Suite 500, Washington, DC 20037
Farmers Home Administration, Equal Opportunity Staff, 501 School
Street, SW., Second Floor, Washington, DC 20024
Food and Nutrition Services, Equal Opportunity Staff, 3101 Park
Center Drive, Suite 203 B, Alexandria, VA 22302
Forest Service, Equal Opportunity Staff, 1621 Northkent St., Room
5100, Rosslyn, VA 22209
Food Safety and Inspection Services, Equal Opportunity Staff, Room
109 Annex Bldg., 14th and Independence Ave., SW., Washington, DC
20250
Rural Electrification Administration, Equal Opportunity Staff, Room
1239-S, 14th and Independence Ave., SW., Washington, DC 20250
Soil Conversation Service, Equal Opportunity Staff, Room 4248-S,
14th and Independence Ave., SW., Washington, DC 20250.
[FR Doc. 95-1975 Filed 1-27-95; 8:45 am]
BILLING CODE 3410-01-M
