94-25007. Privacy Act of 1974; Systems of Records  

  • [Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-25007]
    
    
    [[Page Unknown]]
    
    [Federal Register: October 11, 1994]
    
    
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    DEPARTMENT OF AGRICULTURE
     
    
    Privacy Act of 1974; Systems of Records
    
    AGENCY: Office of the Secretary, USDA.
    
    ACTION: Notice of revision of Privacy Act systems of records.
    
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    SUMMARY: Notice is hereby given pursuant to 5 U.S.C. 552a(e)(4) that 
    the United States Department of Agriculture (USDA) proposes to revise 
    the Privacy Act Systems of Records maintained by the Office of 
    Inspector General (OIG) in order to update the information in the 
    systems and provide individuals with more current and more detailed 
    information concerning the records maintained in the USDA/OIG systems 
    of records. The proposed revisions include removing two categories of 
    records from existing systems and setting them up as separate systems, 
    deleting two systems for which records are no longer maintained, 
    establishing one entirely new system of records, and condensing/
    consolidating routine uses.
    
    DATES: This revision is effective upon final publication of the 
    amendments to 7 CFR 1.122 and 1.123 published in proposed form 
    elsewhere in today's issue of the Federal Register unless changes are 
    made in response to comments received from the public. Comments must be 
    submitted on or before December 12, 1994.
    
    ADDRESSES: Interested persons may submit comments to Paula F. Hayes, 
    Assistant Inspector General for Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington , DC 20250-2310.
    
    FOR FURTHER INFORMATION CONTACT:
    Paula F. Hayes, Assistant Inspector General for Policy Development and 
    Resources Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2310 (202-720-6979).
    
    SUPPLEMENTARY INFORMATION: Proposed updates applicable to all USDA/OIG 
    systems include changes in addresses to reflect changes in addresses to 
    reflect changes in office locations, and changes in titles of system 
    managers and contact persons to reflect organizational changes. Other 
    proposals specifically applicable to particular systems are as follows.
    
        For USDA/OIG-1, ``Employee Records, USDA/OIG,'' to clarify further 
    the types of records that may be on file USDA/OIG proposes to add two 
    categories, security clearance forms and exit interviews, and to add an 
    explanation that the qualifications category in regard to law 
    enforcement employees may include such records as Attorney General 
    designations, training certificates, physical fitness data, and the 
    medical officer's certification section of medical examination forms. 
    Also to assist employees in locating their records, USDA/OIG proposes 
    to add references to two OPM systems and one USDA system which also 
    cover employee records. Furthermore, the proposed changes include the 
    addition of citations to the National Archives and Records 
    Administration General Records Schedules which govern the retention and 
    disposition of employee records.
        The routine uses listed under system USDA/OIG-1, which are 
    basically the same for all systems and which were last published in 54 
    FR 39552, September 27, 1989, are proposed to be condensed, 
    consolidated, and reduced in number from 17 to 12. The proposed routine 
    use changes, which are primarily for clarification purposes, are as 
    follows:
    
    --The use providing for release of records to an entity to enable the 
    entity to recover money or property of USDA (previously numbered 14), 
    and the use pertaining to release of records to a licensing agency 
    where violations or potential violations of licensing standards are 
    indicated (previously numbered 16), would be incorporated with other 
    enforcement type releases under the routine use numbered 1.
    --The use governing the release of records to contractors for debt 
    collection purposes (previously numbered 17), would be included as part 
    of the routine use numbered 2 which covers the release of records to 
    obtain information relevant to an OIG decision.
    --The use allowing release of records to another agency that is 
    considering suspension or debarment action (previously numbered 13), 
    would become part of the routine use numbered 3 which generally 
    pertains to the release of records to another agency for use in hiring 
    or licensing decisions.
    --The use covering the release of records for use in a proceeding 
    before a court or adjudicative body (previously numbered 6), would be 
    combined with the routine use numbered 5 concerning release of records 
    to the Department of Justice for litigation purposes. Ad Hoc forums and 
    administrative tribunals would also be added.
    --The use pertaining to the disclosure of records to private 
    contractors performing work for OIG (previously numbered 11) would be 
    reworded to identify more precisely what the use covers and to include 
    Privacy Act safeguards. It would be renumbered as 9.
    --The use providing for the release of records pursuant to a grand jury 
    subpoena or request (previously numbered 12), is proposed to be revised 
    to recognize the role of the cognizant U.S. Attorney and it would be 
    renumbered as 11.
    
        The other routine uses would remain basically the same as 
    previously published except for the following changes in the numbering 
    sequence: routine uses previously numbered 7, 8, 9, and 15, would now 
    be numbered 6, 7, 8, and 12, respectively.
        Concerning USDA/OIG-2, ``Intelligence Records, USDA/OIG,'' the 
    proposal would change the system name to ``Informant and Undercover 
    Agent Records'' which represents a more descriptive title for the 
    records contained in the system. Also, to clarify the categories of 
    individuals covered by the system, USDA/OIG proposes to delete 
    subjects, who are covered in USDA/OIG-3, and add confidential 
    informants, investigative operatives, and undercover OIG special agents 
    or other law enforcement personnel. In addition, the proposal includes 
    adding criminal histories and undercover identification documents as 
    categories of records in the system.
        For USDA/OIG-3, ``Investigative Files and Subject/Title Index, 
    USDA/OIG,'' the proposal would change the system name to 
    ``Investigative Files and Automated Investigative Indices System'' to 
    reflect computerization of part of the system. This proposed change 
    from manually prepared index cards to an automated indices system is 
    also reflected throughout the system description. Concerning categories 
    of individuals covered by the system, USDA/OIG proposes to delete 
    applicants for employment (who are covered under USDA/OIG-1), 
    individuals whose names have been checked through the system, and 
    complainants who have requested anonymity or confidentiality regarding 
    their identity. The proposal also changes the retention period for 
    records in this system from 15 years to 10 years to bring it into line 
    with the guidelines in the National Archives and Records Administration 
    General Records Schedules.
        In regard to the system numbered USDA/OIG-4, the system now called 
    ``Liaison Records'' is being deleted because these records are no 
    longer maintained, and it is proposed to assign the number USDA/OIG 4 
    to ``OIG Hotline Complaint Records,'' which records are proposed to be 
    taken out of the ``Investigative Files'' system (USDA/OIG-3) and set up 
    as a separate system of records. OIG has a special staff just for the 
    initial handling of incoming hotline complaints and the volume of 
    activity in this area is sufficient to justify a separate system. Also, 
    not all complaints result in investigations and in those instances 
    there would not be an investigative file as such. In addition, this 
    would be of assistance to individual complainants in that OIG would be 
    able to respond more quickly to followup requests from individuals as 
    to the status or disposition of their complaints. This record system 
    would be exempt from certain provisions of the Privacy Act just as the 
    hotline records are currently exempt under system USDA/OIG-3.
        For USDA/OIG-5, ``Management Information and Data Analysis System, 
    USDA/OIG,'' the proposal would change the name of the system to 
    ``Consolidated Assignments, Personnel Tracking, and Administrative 
    Information Network (CAPTAIN),'' to reflect an update of this 
    computerized data base system. The proposal also includes changes in 
    various data elements of the system so that they accurately reflect the 
    information in these updated automated records. The routine uses are 
    basically the same as in the previous system.
        Concerning the system numbered USDA/OIG-6, the proposal is to 
    eliminate the system now called ``Audit Information System'' because 
    these records are no longer maintained in such a manner that they can 
    be retrieved by individual name or other individual identifier, and 
    then reassign the number USDA/OIG-6 to the ``Training Tracking 
    System,'' which records will be separated from the ``Employee Records'' 
    system (USDA/OIG-1). The majority of employee training records will 
    still remain part of the ``Employee Records'' system. The proposed 
    system is only for tracking OIG audit employee training. This separate 
    computerized system is needed because of the complex continuing 
    education requirements for auditors. For instance, General Accounting 
    Office Government Auditing Standards require that every 2 years 
    auditors complete 80 hours of training contributing to their 
    professional proficiency, of which at least 20 hours of the training 
    should be completed in any 1 year, and for auditors working on 
    Government audits, at least 24 of the 80 hours should be directly 
    related to Government auditing. The data elements in this system are 
    similar to those in ``Employee Records'' except that a routine use has 
    been added concerning the furnishing of records to a Federal agency or 
    professional organization if relevant to a determination of 
    professional proficiency and compliance with general qualification 
    standards for Government auditing.
        USDA/OIG-7, ``Freedom of Information Act and Privacy Act Request 
    Records, USDA/OIG,'' is a proposed new system covering requests from 
    individuals, under either of the cited Acts, for OIG records. The 
    volume of requests is such that some form of control system is needed. 
    This proposal would benefit both the agency and the individual by 
    providing a control mechanism for ensuring requests are acted upon and 
    for determining the status of pending requests when necessary to 
    respond to a followup inquiry from a requester.
        Accordingly, USDA hereby proposes to revise the full text of the 
    OIG Systems of Records last published in full in 50 FR 50814, December 
    12, 1985, and amended in part in 54 FR 39552, September 27, 1989.
        A Privacy Act Systems Report relating to these changes, required by 
    5 U.S.C. 552a(r), has been sent to the Committee on Government 
    Operations of the House of Representatives, the Committee on 
    Governmental Affairs of the Senate, and the Office of Management and 
    Budget.
    
        Done at Washington, DC, this 28th of September 1994.
    Mike Espy,
    Secretary of Agriculture.
    USDA/OIG-1
        Employee Records, USDA/OIG.
        In the headquarters offices of the U.S. Department of Agriculture 
    (USDA), Office of Inspector General (OIG) and Office of Personnel (OP) 
    in the Agriculture Administration Building, 14th Street and 
    Independence Avenue SW, Washington, DC 20250-2307, and in the following 
    OIG regional offices and suboffices:
    
    OIG Regional Offices
    
    600 Harrison Street, Suite 225, San Francisco, California 94107
    401 West Peachtree Street NW., Room 2328, Audit; Room 2329, 
    Investigations, Atlanta, Georgia 30365-3520
    111 North Canal Street, Suite 1130, Chicago, Illinois 60606-7295
    6505 Belcrest Road, Room 428-A, Hyattsville, Maryland 20782
    9435 Holmes Road, Room 233, Audit; Room 220, Financial Management 
    and ADP Audit Operations; Room 210, Investigations, Kansas City, 
    Missouri 64141
    26 Federal Plaza, Room 1409, New York, New York 10278
    101 South Main, Room 324, Audit; Room 311, Investigations, Temple, 
    Texas 76501
    
    OIG/Audit Suboffices
    
    700 West Capitol, Room 2518, Little Rock, Arkansas 72201
    1510 ``J'' Street, Suite 120, Sacramento, California 95814
    2850 McClellan, Suite 3500, Fort Collins, Colorado 80525
    3008 NW. 13th Street, Suite B, Gainesville, Florida 32609
    3736 Government Street, Alexandria, Louisiana 71302
    13800 Old Gentilly Road, New Orleans, Louisiana 70129
    3001 Coolidge Road, Suite 150, East Lansing, Michigan 48823-6321
    375 Jackson Street, Suite 320, St. Paul, Minnesota 55101-1850
    Millsaps Building, Suite 400, 201 West Capitol Street, Jackson, 
    Mississippi 39201
    1520 Market Street, Room 1624, St. Louis, Missouri 63103
    100 Centennial Mall North, Room 276, Lincoln, Nebraska 68508
    Mercer Corporate Park, 310 Corporate Boulevard, Robinsville, NJ 
    08691-1598
    26 Federal Plaza, Room 1415, New York, New York 10278
    4407 Bland Road, Room 100, Raleigh, North Carolina 27609
    200 N. High Street, Room 346, Columbus, Ohio 43215-2408
    511 Northwest Broadway, Room 501, Portland, Oregon 97209
    One Credit Union Place, Suite 350, Harrisburg, Pennsylvania 17110-
    2992
    233 Cumberland Bend, Room 204, Nashville, Tennessee 37228
    1200 Main Tower, Room 880, Dallas, Texas 75202
    
    OIG/Investigation Suboffices
    
    522 N. Central Avenue, Room 206, Phoenix, Arizona 85004
    300 N. Los Angeles Street, Room 3124, Los Angeles, California 90012
    1510 ``J'' Street, Suite 110, Sacramento, California 95814
    Federal Building, Customs House, 721 19th Street, Room 404, Denver, 
    Colorado 80202
    6039 Lakeside Boulevard, Indianapolis, Indiana 46278-1989
    3001 Coolidge Road, Suite 150, East Lansing, Michigan 48823-6321
    375 Jackson Street, Suite 320, St. Paul, Minnesota 55101-1850
    Millsaps Building, Suite 410, 201 West Capitol Street, Jackson, 
    Mississippi 39201
    911 Washington Avenue, Suite 203, St. Louis, Missouri 63101
    4407 Bland Road, Room 110, Raleigh, North Carolina 27609
    200 North High Street, Room 350, Columbus, Ohio 43215-2408
    120 South Warner Road, King of Prussia, Pennsylvania 19406
    233 Cumberland Bend, Room 208, Nashville, Tennessee 37228
    1200 Main Tower, Room 880, Dallas, Texas 75202
    1000 Second Avenue, Suite 1950, Seattle, Washington 98104
        OIG temporary and permanent employees, former employees of OIG and 
    predecessor offices, and applicants for employment.
        These records show or relate to employment, personnel management, 
    and work-related information, including position, classification, 
    title, grade, pay rate, pay, temporary and permanent addresses and 
    telephone numbers for home and work, copies of security clearance 
    forms, program and performance evaluations, promotions, retirement, 
    disciplinary actions, appeals, incentive programs, unemployment 
    compensation, leave, complaints and grievances, health benefits, equal 
    employment opportunity, automation of personnel data, travel 
    information, accident reports and related information, activity 
    reports, participation in savings and contribution programs, 
    availability for employment, for assignment, or for transfer, 
    qualifications (for law enforcement employees this includes Attorney 
    General designations, training certificates, physical fitness data, and 
    medical officer's certification excluding any personal medical data), 
    awards, hours worked, issuance of credentials, passports, and other 
    identification, assignment and accountability of property and other 
    things of value, parking space assignments, training and development, 
    special assignments, and exit interviews.
        Other employee records are covered by other systems as follows: For 
    Official Personnel Folder (OPF) data refer to USDA/OP-1, Personnel and 
    Payroll System for USDA Employees; for medical records, including SF-
    78, Certificate of Medical Examination, and drug testing records, refer 
    to OPM/GOVT-10, Employee Medical File System; for pre-employment 
    inquiries refer to USDA/OIG-3, Investigative Files and Automated 
    Investigative Indices; for annual financial disclosure statements refer 
    to OPM/GOVT-8, Confidential Statements of Employment of Financial 
    Interests.
        Pub. L. 95-452, as amended, 5 U.S.C. App.; 5 U.S.C. 301; 7 U.S.C. 
    2270.
        (1) A record from the system of records which indicates either by 
    itself or in combination with other information, a violation or 
    potential violation of a contract or of law, whether civil, criminal, 
    or regulatory, or which otherwise reflects on the qualifications or 
    fitness of a licensed (or seeking to be licensed) individual, may be 
    disclosed to a Federal, State, local, foreign, or self-regulatory 
    agency (including but not limited to organizations such as professional 
    associations or licensing boards), or other public authority that 
    investigates or prosecutes or assists in such investigation, 
    prosecution, enforcement, implementation, or issuance of this statute, 
    rule, regulation, order, or license.
        (2) A record from the system of records may be disclosed to a 
    Federal, State, local, or foreign agency, other public authority, 
    consumer reporting agency, or professional organization maintaining 
    civil, criminal, or other relevant enforcement or other pertinent 
    records, such as current licenses, in order to obtain information 
    relevant to an OIG decision concerning employee retention or other 
    personnel action, issuance of a security clearance, letting of a 
    contract or other procurement action, issuance of a benefit, 
    establishment of a claim, collection of a delinquent debt, or 
    initiation of an administrative, civil, or criminal action.
        (3) A record from the system of records may be disclosed to a 
    Federal, State, local, foreign, or self-regulatory agency (including 
    but not limited to organizations such as professional associations or 
    licensing boards), or other public authority, to the extent the 
    information is relevant and necessary to the requestor's hiring or 
    retention of an individual or any other personnel action, issuance or 
    revocation of a security clearance, license, grant, or other benefit, 
    establishment of a claim, letting of a contract, reporting of an 
    investigation of an individual, for purposes of a suspension or 
    debarment action, or the initiation of administrative, civil, or 
    criminal action.
        (4) A record from the system of records may be disclosed to any 
    source--private or public--to the extent necessary to secure from such 
    source information relevant to a legitimate OIG investigation, audit, 
    or other inquiry.
        (5) A record from the system of records may be disclosed to the 
    Department of Justice in the course of litigation when the use of such 
    records by the Department of Justice is deemed relevant and necessary 
    to the litigation and may be disclosed in a proceeding before a court, 
    Ad Hoc forum, adjudicative body, or administrative tribunal, or in the 
    course of civil discovery, litigation, or settlement negotiations, when 
    a party to a legal action or an entity or individual having an interest 
    in the litigation includes of the following:
        (a) The OIG are any component thereof;
        (b) Any employee of the OIG in his or her official capacity;
        (c) Any employee of the OIG in his or her individual capacity where 
    the Department of Justice has agreed to represent the employee; or
        (d) The United States, where the OIG determines that litigation is 
    likely to affect USDA or any of its components.
        (6) A record from the system of records may be disclosed to a 
    Member of Congress from the record of an individual in response to an 
    inquiry from the Member of Congress made at the request of that 
    individual. In such cases however, the Member's right to a record is no 
    greater than that of the individual.
        (7) A record from the system of records may be disclosed to the 
    Department of Justice for the purpose of obtaining its advice an 
    inquiry relating to an OIG audit, investigation, or other inquiry, 
    including Freedom of Information or Privacy Act matters.
        (8) A record from the system of records may be disclosed to the 
    Office of Management and Budget for the purpose of obtaining its advice 
    regarding OIG obligations under the Privacy Act or in connection with 
    the review of private relief legislation.
        (9) A record from system of records may be disclosed to a private 
    firm with which OIG comtemplates it will contract or with which its has 
    contracted for the purpose of performing any functions or analyses that 
    facilitate, or are relevant to an OIG investigation, audit, inspection, 
    or other inquiry. Such contractor or private firm shall be required to 
    maintain Privacy Act safeguards with respect to such information.
        (10) record from the system of records may be disclosed in response 
    to a subpoena issued by a Federal agency having the power to subpoena 
    records of other Federal agencies if the OIG determines that: (a) The 
    records are both relevant and necessary to the proceeding, and (b) such 
    release is compatible with the purpose for which the records were 
    collected.
        (11) A record from the system of records may be disclosed to a 
    grand jury agency pursuant either to a Federal or State grand jury 
    subpoena, or to a prosecution request that such record be released for 
    the purpose of its introduction to a grant jury provided that the grand 
    jury channels its request through the cognizant U.S. Attorney, that the 
    U.S. Attorney has been delegated the authority to make such requests by 
    the Attorney General, that she or he actually signs the letter 
    specifying both the information sought and the law enforcement purpose 
    served. In the case of a State grand jury subpoena, the State 
    equivalent of the U.S. Attorney and Attorney General shall be 
    substituted.
        (12) A record from the system for records may be disclosed, as a 
    routine use, to a Federal, State, local, or foreign agency, or other 
    public authority, for use in computer matching programs to prevent and 
    detect fraud and abuse in benefit programs administered by any agency, 
    to support civil and criminal law enforcement activities of any agency 
    and its components, and to collect debts and overpayments owed to any 
    agency and its components.
        Records are maintained on computers and automated image filing 
    systems, and in file folders, notebooks, and card file boxes.
        By name of individual employee and by social security number.
        Computer files are password protected and other records are kept in 
    limited-access areas during duty hours and in locked offices during 
    nonduty hours.
        Retention periods and disposal methods vary by record categories as 
    set forth in National Archives and Records Administration General 
    Records Schedules 1 (Civilian Personnel Records) and 2 (Payrolling and 
    Pay Administration Records). Personal information that the agency deems 
    to be potentially derogatory or embarrassing, is shredded when 
    retention period expires.
        Director, Resources Management Division, Policy Development and 
    Resources Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2307.
        Any individual may request information regarding this system of 
    records, or information as to whether the system contains records 
    pertaining to him/her from the Director, Information Management 
    Division, Policy Development and Resources Management, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2309.
        An individual may request access to a record in this system which 
    pertains to him/her by submitting a written request to the Director, 
    Information Management Division, Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        An individual may contest information in this system which pertains 
    to him/her by submitting a written request to the Assistant Inspector 
    General for Policy Development and Resources Management, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2310.
        The primary information is furnished by the individual employee. 
    Additional information is provided by supervisors, coworkers, 
    references, and others.
    USDA/OIG-2
        Informant and Undercover Agent Records, USDA/OIG.
        In the OIG headquarters office in the Agriculture Administration 
    Building, 14th Street and Independence Avenue SW, Washington, DC 20250-
    2317, and in the OIG regional offices and Investigations suboffices 
    listed in the system of records designated USDA/OIG-1.
        Confidential informants, investigative operatives, and undercover 
    OIG special agents or other law enforcement personnel.
        Names, occupations, criminal histories, and other information about 
    confidential informants and investigative operatives, together with 
    allegations against them, and the types of information previously 
    furnished by or to be expected from them. Types, dates of issuance and 
    destruction, and details of false identification documents used by OIG 
    special agents and other law enforcement personnel for undercover 
    activities.
        Pub. L. 95-452, as amended, 5 U.S.C. APP.; 5 U.S.C. 301; 7 U.S.C. 
    2270.
        Routine uses (1) through (12) listed in the system of records 
    designated USDA/OIG-1.
        Stored on sheets of paper and index cards, and in file folders and 
    computers.
        Retrievable by name of confidential informant, investigative 
    operative, or special agent.
        Computer files are password protected and other records are kept in 
    limited-access areas during duty hours and in locked offices during 
    nonduty hours.
        Confidential informant and investigative operative information is 
    kept for 5 years after the date it is put into inactive status. It is 
    then destroyed. Undercover identification documents are kept until the 
    agency determines them to be outdated. They are then destroyed.
        Assistant Inspector General for Investigations, Office of Inspector 
    General, U.S. Department of Agriculture, Washington, DC 20250-2317.
        Inquiries and requests should be addressed to the Director, 
    Information Management Division, Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        To request access to information in this system write to the 
    Director, Information Management Division, Policy Development and 
    Resources Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        To contest information in this system, send request to the 
    Assistant Inspector General for Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2310.
        Pursuant to 5 U.S.C. 552a(j)(2), this system of records has been 
    exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, 
    as amended, except subsections (b), (c) (1) and (2), (e)(4) (A) through 
    (F), (e)(6), (7), (9), (10) and (11), and (i).
        Pursuant to 5 U.S.C. 552a (k)(2) and (k)(5), this system has been 
    exempted from the following provisions of the Privacy Act of 1974, 5 
    U.S.C. 552a: subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I), 
    and (f).
    USDA/OIG-3
        Investigative Files and Automated Investigative Indices System, 
    USDA/OIG.
        Physical files are kept in the OIG headquarters office in the 
    Agriculture Administration Building, 14th Street and Independence 
    Avenue SW, Washington, DC 20250-2307, and in the OIG regional offices 
    and Investigations suboffices listed in the system of records 
    designated USDA/OIG-1.
        The OIG regional offices and Investigations suboffices maintain 
    physical files containing the report of investigation and the 
    workpapers for each case investigated by that office. The headquarters 
    files contain a copy of every investigative report, but no workpapers 
    and not necessarily the copies of all correspondence in all cases. 
    Older investigative files may be stored in Federal Records Centers or 
    on microfiche, microfilm, or electronic image filing systems. 
    Therefore, delays in retrieving this material can be expected.
        Selected portions of records have been computerized--see section 1 
    of ``Categories of records'' below. These records, used as a research 
    tool, are accessible by computer terminals located in each OIG office. 
    These records are maintained on a computer in the Agriculture 
    Administration Building.
        The individual names in the OIG index fall into one or more of the 
    following categories:
        Subjects. These are individuals against whom allegations of 
    wrongdoing have been made. In some instances, these individuals have 
    been the subjects of investigations conducted by OIG to establish 
    whether allegations were true. In other instances, the allegations were 
    deemed too frivolous or indefinite to warrant inquiry.
        Principals. These are individuals who are not named subjects of 
    investigative inquiries, but may be responsible for potential 
    violations. For example, the responsible officers of a firm alleged to 
    have violated laws or regulations might be individually listed in the 
    OIG index.
        Complainants. These are individuals, who have not requested 
    anonymity or confidentiality regarding their identity, who allege 
    wrongdoing, mismanagement, or unfair treatment relating to USDA 
    employees and/or programs.
        Others. These are all other individuals closely connected with a 
    matter of investigative interest.
        The OIG Investigative Files and Automated Investigative Indices 
    System consist of:
        1. Computerized records searchable by case number or alphabetically 
    by the names of individuals, organizations, and firms, with a separate 
    record for each containing, if applicable, identification of the OIG 
    file or files which contain information on that subject, and if such 
    information was available when the record was created or modified, the 
    individual's name, address, sex, race, date and place of birth, 
    relationship to the investigation, FBI or State criminal identification 
    number, and social security number (very few have the dates when 
    entries were made into the index);
        2. Files containing sheets of paper or microfiche of such sheets 
    from investigative and other reports, correspondence, and informal 
    notes and notations concerning (a) one investigative matter or (b) a 
    number of incidents of the same sort of alleged violation or 
    irregularity; and
        3. Where an investigation is being or will be conducted, but has 
    not been completed, various case management records, investigator's 
    notes, statements of witnesses, and copies of records. These are 
    contained on cards and sheets of paper located in an OIG office or in 
    the possession of the OIG investigator. Certain management records are 
    retained after the investigative report is released as a means of 
    following action taken on the basis of the OIG investigative report.
        Pub. L. 95-452, as amended, 5 U.S.C. App.; 5 U.S.C. 301; 7 U.S.C. 
    2270.
        Routine uses (1) through (12) listed in the system of records 
    designated USDA/OIG-1.
        The OIG Automated Investigative Indices System consists of 
    computerized records. The investigative files are stored in steel 
    lektriever cabinets, on microfiche sheets, microfilm, electronic image 
    filing systems, or in Federal Records Centers.
        Computerized records are retrievable alphabetically or by using the 
    case number, with each record identifying one or more OIG investigative 
    case files or administrative files arranged numerically by file number. 
    Information in investigative or administrative files concerning 
    individuals not indexed is considered irretrievable.
        These records are kept in limited-access areas during duty hours, 
    in locked offices during nonduty hours, or in the possession of the 
    investigator. Computer files are password protected.
        The investigative case files are maintained for 10 years after the 
    case is closed. Administrative files are kept for 5 years after the 
    case is closed. Computerized records are destroyed at the same time as 
    the physical files to which they relate.
        Director, Resources Management Division, Policy Development and 
    Resources Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2307.
        To request access to information in this system, write to Director, 
    Information Management Division, Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        To contest information in this system, send request to Assistant 
    Inspector General for Policy Development and Resources Management, 
    Office of Inspector General, U.S. Department of Agriculture, 
    Washington, DC 20250-2310.
        Pursuant to 5 U.S.C. 552a(j)(2), this system of records has been 
    exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, 
    as amended, except subsections (b), (c)(1) and (2), (e)(4)(A) through 
    (F), (e)(6), (7), (9), (10) and (11), and (i).
        Pursuant to 5 U.S.C. 552a(k)(2) and (k)(5), this system has been 
    exempted from the following provisions of the Privacy Act of 1974, 5 
    U.S.C. 552a: subsections (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), 
    and (f).
    USDA/OIG-4
        OIG Hotline Complaint Records, USDA/OIG.
        In the OIG headquarters office in the Agriculture Administration 
    Building, 14th Street and Independence Avenue SW., Washington, DC 
    20250-2317.
        1. Complainants are persons who report or complain of possible 
    criminal, civil, or administrative violations of law, rule, regulation, 
    policy, or procedure, or fraud, waste, abuse, mismanagement, gross 
    waste of funds, or abuse of authority in USDA programs or operations, 
    or specific dangers to public health or safety, misuse of government 
    property, personnel misconduct, discrimination, or other irregularities 
    affecting USDA.
        2. Subjects are persons against whom such complaints are made.
        1. Identities of complainants, if known, and subjects.
        2. Details of each allegation.
        3. OIG case number and control number(s) used by other agencies for 
    tracking each complaint.
        4. Responses from agencies to which complaints are referred for 
    inquiry.
        5. Summary of substantiated information and results of agency 
    inquiry into the complaint.
        Pub. L. 95-452, as amended, 5 U.S.C. APP.; 5 U.S.C. 301.
        Routine uses (1) through (12) listed in the system of records 
    designated USDA/OIG-1.
        Stored in a computer and on sheets of paper in file folders.
        Retrievable by name of subject or complainant or by case number.
        Files are kept in a limited access area and are in locked storage 
    when not in use. Access to computerized information is protected by 
    requiring a confidential password.
        Physical files and computerized records are retained 10 years after 
    closing, after which they are shredded and deleted, respectively.
        Assistant Inspector General for Investigations, Office of Inspector 
    General, U.S. Department of Agriculture, Washington, DC 20250-2317.
        Inquiries and requests should be addressed to Director, Information 
    Management Division, Policy Development and Resources Management, 
    Office of Inspector General, U.S. Department of Agriculture, 
    Washington, DC 20250-2309.
        To request access to information in this system, write to Director, 
    Information Management Division, Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        To contest information in this system, send request to Assistant 
    Inspector General for Policy Development and Resources Management, 
    Office of Inspector General, U.S. Department of Agriculture, 
    Washington, DC 20250-2310.
        Identities of complainants and subjects are provided by individual 
    complainants. Additional information may be provided by individual 
    complainants, subjects, and/or third parties.
        Pursuant to 5 U.S.C. 552a(j)(2), this system of records has been 
    exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, 
    as amended, except subsection (b), (c)(1) and (2), (e)(4)(A) through 
    (F), (e)(6), (7), (9), (10) and (11), and (i).
        Pursuant to 5 U.S.C. 552(k)(2) and (k)(5), this system has been 
    exempted from the following provisions of the Privacy Act of 1974, 5 
    U.S.C. 552a: subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), 
    and (f).
    USDA/OIG-5
        Consolidated Assignments Personnel Tracking Administrative 
    Information Network (CAPTAIN), USDA/OIG.
        U.S. Department of Agriculture, National Computer Center, 8930 Ward 
    Parkway, Kansas City, Missouri 64114.
        OIG professional employees who participate in either audit or 
    investigative assignments.
        Subjects of investigations.
        CAPTAIN provides OIG management officials with a wide range of 
    information of Audit and Investigations operations. The system 
    identifies individual assignments of employees and provides information 
    on their use of direct and indirect time, significant dates relating to 
    each assignments, reported dollar deficiencies, recoveries, penalties, 
    the number of investigative prosecutions, convictions, other legal and 
    administrative actions, the identify of all professionals who 
    participated in the assignment, and subjects of investigation. The 
    system is used to manage audit and investigative assignments and to 
    facilitate reporting of OIG activities to Congress and other 
    Governmental entities.
        Pub. L. 95-452, as amended, 5 U.S.C. App.; 5 U.S.C. 301; 7 U.S.C. 
    2270.
        Routine uses (1) through (12) listed in the system of records 
    designated USDA/OIG-1.
        Records are maintained on computer discs, magnetic tape, and in 
    file folders and notebooks.
        Information in the system generally can be retrieved by OIG 
    personnel in headquarters and the regions. Information is generally 
    retrieved by assignment number or geographic location. However, 
    information can be retrieved by any field in the system, including 
    subject name, employee name, and employee social security number.
        Normal computer security is maintained including password 
    protection. Printouts and source documents are kept in limited-access 
    areas during duty hours and in locked offices during nonduty hours.
        Computer files and other records are cleared, retired, or 
    destroyed, when no longer useful, in accordance with National Archives 
    and Records Administration and USDA record retention and/or destruction 
    schedules.
        Audit Subsystem--Assistant Inspector General for Audit, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2311.
        Investigations Subsystem--Assistant Inspector General for 
    Investigations, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2317.
        Any individual may request information regarding this system of 
    records, or information as to whether the system contains records 
    pertaining to him/her, from the Director, Information Management 
    Division, Policy Development and Resources Management, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2309.
        An individual may request access to a record in this system which 
    pertains to him/her by submitting a written request to the Director, 
    Information Management Division, Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        Any individual may contest information in this system which 
    pertains to him/her by submitting a written request to the Assistant 
    Inspector General for Policy Development and Resources Management, 
    Office of Inspector General, U.S. Department of Agriculture, 
    Washington, DC 20250-2310.
        Information in the system is obtained from various source documents 
    related to audit and investigation activities including assignment 
    letters, employee time reports, case entry sheets, etc.
        Pursuant to 5 U.S.C. 552a(j)(2), the Investigations Subsystem and 
    the Employee Time System are exempted from all provisions of the 
    Privacy Act of 1974, 5 U.S.C. 552a, as amended, except subsections (b), 
    (c) (1) and (2), (e)(4) (A) through (F), (e) (6), (7), (9), (10) and 
    (11), and (i).
        Pursuant to 5 U.S.C. 552a (k)(2) and (k)(5), the Investigations 
    Subsystem and the Employee Time System are exempted from the following 
    provisions of the Privacy Act of 1974, 5 U.S.C. 552a: subsections 
    (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I), and (f).
    USDA/OIG-6
        Training Tracking System, USDA/OIG.
        U.S. Department of Agriculture, National Computer Center, 8930 Ward 
    Parkway, Kansas City, Missouri 64114.
        OIG audit employees.
        The system contains records of audit employee training history.
        Pub. L. 95-452, as amended, 5 U.S.C. App.; 5 U.S.C. 301; 7 U.S.C. 
    2270.
        (1) A record from the system of records may be disclosed, as a 
    routine use, to a Federal agency or professional organization, to 
    document continuing education credits required by the Government 
    Auditing Standards, U.S. General Accounting Office Standards of Audit 
    of Governmental Organizations, Programs, Activities, and Functions, if 
    relevant to the determination of professional proficiency and 
    compliance with the general qualification standard for government 
    auditing, and retention of an employee or other personnel action.
        (2) Routine uses (1) through (12) listed in the system of records 
    designated USDA/OIG-1.
        Records are maintained on computer and in file folders.
        By name of individual, social security number, or group of 
    employees.
        Computer files are password protected and other records are kept in 
    limited-access areas during duty hours and in locked offices during 
    nonduty hours.
        Records are retained as long as the agency determines they are 
    needed. They are then destroyed.
        Assistant Inspector General for Audit, Office of Inspector General, 
    U.S. Department of Agriculture, Washington, DC 20250-2311.
        Any individual may request information regarding this system of 
    records, or information as to whether the system contains records 
    pertaining to him/her from the Director, Information Management 
    Division, Policy Development and Resources Management, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2309.
        An individual may request access to a record in this system which 
    pertains to him/her by submitting a written request to the Director, 
    Information Management Division, Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        An individual may contest information in this system which pertains 
    to him/her by submitting a written request to the Assistant Inspector 
    General for Policy Development and Resources Management, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2310.
        Informaiton in the system comes entirely from OIG audit employees.
    USDA/OIG-7
        Freedom of Information Act and Privacy Act Request Records, USDA/
    OIG.
        Files are kept in the OIG headquarters office in the Agriculture 
    Administration Building, 14th Street and Independence Avenue SW., 
    Washington, DC 20250-2309.
        This system contains records of individuals who have made requests 
    under the Freedom of Information Act or Privacy Act.
        The request records consist of the incoming request, all 
    correspondence developed during the processing of the request, and the 
    final reply.
        Pub. L. 95-452, as amended, 5 U.S.C. App.; 5 U.S.C. 301.
        Used by OIG employees as an internal control mechanism for tracking 
    the disposition of requests and for responding to individuals who are 
    checking on the status of their requests.
        Records are stored in file folders.
        Records are retrievable by name using a control number that is 
    assigned upon date of receipt.
        Freedom of Information Act and Privacy Act request records are 
    stored in file cabinets in limited-access areas during duty hours and 
    in locked offices during nonduty hours.
        Records are disposed of in accordance with National Archives and 
    Records Administration General Records Schedule 14 pertaining to 
    informational services records.
        Director, Information Management Division, Policy Development and 
    Resources Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        Any individual may request information regarding this system of 
    records, or information as to whether the system contains records 
    pertaining to him/her, from the Director, Information Management 
    Division, Policy Development and Resources Management, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2309.
        An individual may request access to a record in this system which 
    pertains to him/her by submitting a written request to the Director, 
    Information Management Division, Policy Development and Resources 
    Management, Office of Inspector General, U.S. Department of 
    Agriculture, Washington, DC 20250-2309.
        An individual may contest information in this system which pertains 
    to him/her by submitting a written request to the Assistant Inspector 
    General for Policy Development and Resources Management, Office of 
    Inspector General, U.S. Department of Agriculture, Washington, DC 
    20250-2310.
        Information in this system comes from the individual making the 
    request and from OIG employees processing the request.
    
    [FR Doc. 94-25007 Filed 10-7-94; 8:45 am]
    BILLING CODE 3410-23-M
    
    
    

Document Information

Published:
10/11/1994
Department:
Agriculture Department
Entry Type:
Uncategorized Document
Action:
Notice of revision of Privacy Act systems of records.
Document Number:
94-25007
Dates:
This revision is effective upon final publication of the amendments to 7 CFR 1.122 and 1.123 published in proposed form elsewhere in today's issue of the Federal Register unless changes are made in response to comments received from the public. Comments must be submitted on or before December 12, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 11, 1994