96-27767. Privacy Act; System of Records  

  • [Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
    [Notices]
    [Pages 55952-55953]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-27767]
    
    
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    DEPARTMENT OF AGRICULTURE
    Office of the Secretary
    
    
    Privacy Act; System of Records
    
    AGENCY: Office of the Secretary, USDA.
    
    ACTION: Notice of New Privacy Act System of Records.
    
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    SUMMARY: Notice is hereby given that USDA proposes to create two new 
    Privacy Act systems of records, USDA/NAD-1, entitled ``Participant 
    Appeals, USDA/NAD'' and USDA/NAD-2, entitled ``National Appeals 
    Division Tracking System (Automated), USDA/NAD''.
    
    EFFECTIVE DATE: This notice will be adopted without further publication 
    in the Federal Register on December 30, 1996, unless modified by a 
    subsequent notice to incorporate comments received from the public. 
    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 
    November 29, 1996.
    
    FOR FURTHER INFORMATION CONTACT:
    Norman G. Cooper, Director, NAD, USDA, 3101 Park Center Drive, Suite 
    1020, Alexandria, Virginia 22302.
    
    SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a, 
    USDA is creating two new systems of records to be maintained by the 
    National Appeals Division (NAD). The purpose of this notice is to 
    announce the creation and character of the two systems of records 
    maintained by NAD. The first system contains data on appeals, including 
    materials maintained and submitted by a USDA agency related to an 
    adverse decision, any information, correspondence, or documentation 
    submitted by an appellant or a USDA agency during the appeals process 
    and any statements of witnesses, tape recordings, or written 
    transcripts of the hearings. The second system is an automated tracking 
    system which contains assigned NAD log number, the appellant's name, 
    race, social security number, address, and telephone number, program 
    identifier, decision maker information, decision date, hearing officer 
    and review officer identification, and hearing and review information.
        A ``Report on New System,'' required by 5 U.S.C. 552a(r), as 
    implemented by OMB Circular A-130, was sent to the Chairman, Senate 
    Committee on Governmental Affairs, the Chairman, House Committee on 
    Government Reform and Oversight, and to the Administrator, Office of 
    Information and Regulatory Affairs, of the Office of Management and 
    Budget on October 23, 1996.
    
        Signed at Washington, DC, on October 23, 1996.
    Dan Glickman,
    Secretary of Agriculture.
    USDA/NAD-1
        System name: Participant Appeals, USDA/National Appeals Division 
    (NAD).
        System Location: Natonal Appeals Division, Regional Offices: 
    Eastern Regional Office, 3500 DePauw Boulevard, Suite 2052, 
    Indianapolis, Indiana 46268; Southern Regional Office, 7777 Walnut 
    Grove Road, LLB-1, Memphis, Tennessee 38120; and Western Regional 
    Office, 730 Simms, Suite 386, Golden, Colorado 80490-4798.
        Categories of individuals covered by the system: Program 
    participants who file an appeal because of a covered adverse decision 
    by a covered agency: Farm Service Agency, the Natural Resources 
    Conservation Service, Rural Development, Rural Utilities Service, Rural 
    Housing Service, Rural Business-Cooperative Service, or a state, 
    county, or area committee established under section 8(b)(5) of the Soil 
    Conservation and Domestic Allotment Act (16 U.S.C. 5901(b)(5)).
        Categories of records in the system: The system consists of 
    complete files on appeals, including materials maintained and submitted 
    by an agency related to an adverse decision; any information, 
    correspondence, or documentation submitted by an appellant or the 
    agency during the appeals process; and any statements of witnesses, 
    tape recordings, or written transcripts of the hearings. Unless 
    specifically requested, a written transcript is not normally prepared.
        Authority for maintenance of the system: 7 U.S.C. 6991, et seq.
        Routine uses of records maintained in the system, including 
    categories of users and the purposes of such uses: USDA will refer 
    records in this system: (1) To the appropriate agency, whether Federal 
    State, local; or foreign, charged with the responsibility of 
    investigating or prosecuting a violation of law, or of
    
    [[Page 55953]]
    
    enforcing or implementing a statute, rule, regulation, or order issued 
    pursuant thereto, when information available indicates a violation or 
    potential violation of law, whether civil, criminal or regulatory in 
    nature, and whether arising by general statute, or by rule, regulation, 
    or order issued pursuant thereto; (2) to a court, magistrate, or 
    administrative tribunal, or to opposing counsel, in a proceeding before 
    any of the above, for purposes of filing the official administrative 
    record on discovery, which are relevant to the subject of the 
    proceeding; and (3) to a congressional office from the record of an 
    individual in response to an inquiry from the congressional office at 
    the request of that individual.
        Policies and practices for storing, retrieving, accessing, 
    retaining, and disposing of records in the system: 
        Storage: Records are maintained in file folders.
        Retrievability: Records can be accessed by individual name, NAD log 
    number, and State.
        Safeguards: Records are kept in offices attended by authorized 
    personnel.
        Retention and disposal: Maintained 6 years after the case is 
    closed.
        System manager(s) and address: Director, NAD, USDA, 3101 Park 
    Center Drive, Suite 1020, Alexandria, Virginia 22302, telephone number 
    (703) 305-1151.
        Notification procedure: An individual may request information as to 
    whether the system contains records pertaining to him or her from 
    Director, NAD, USDA, 3101 Part Center Drive, Suite 1020, Alexandria, 
    Virginia 22302, telephone number (703) 305-1151. A request for 
    information pertaining to an individual should contain full name, 
    address, and zip code.
        Record access procedures: Any individual may obtain information as 
    to the procedures for gaining access to and contesting a record in the 
    system which pertains to him or her by submitting a written request to 
    the appropriate official referred to in the preceding paragraph.
        Contesting record procedures: Same as notification procedure. (The 
    regulations for contesting contents of records and appealing initial 
    determinations are set forth at 7 CFR 1.110-1.123.)
        Record source categories: Records in this system come primarily 
    from appellants, witnesses, and agency personnel.
        Systems exempted from certain provisions of the act: None.
    USDA/NAD-2
        System name: National Appeals Division Tracking System (Automated), 
    USDA/National Appeals Division (NAD).
        System location: Management Field Office, USDA, 8930 Ward Parkway, 
    Kansas City, Missouri 64114.
        Categories of individuals covered by the system: Program 
    participants who file an appeal because of a covered adverse decision 
    by a covered agency: Farm Service Agency, the Natural Resources 
    Conservation Service, Rural Development, Rural Utilities Service, Rural 
    Housing Service, Rural Business-Cooperative Service, or a state, 
    county, or area committee established under section 8(b)(5) of the Soil 
    Conservation and Domestic Allotment Act (16 U.S.C. 5901(b)(5)).
        Categories of records in the system: The system contains assigned 
    NAD log number, Appellant's name, race, social security number, 
    address, and telephone number, program identifier, decision maker 
    information, decision date, hearing officer and review officer 
    identification, and hearing and review information.
        Authority for maintenance of the system: 7 U.S.C. 6991 et seq.
    
    Routine uses of records maintained in the system, including 
    categories of users and the purposes of such uses: USDA will refer 
    records in this system: (1) To the appropriate agency, whether 
    Federal, State, local, or foreign, charged with the responsibility 
    of investigating or prosecuting a violation of law, or of enforcing 
    or implementing the statute, rule, regulation, or order issued 
    pursuant thereto, when information available indicates a violation 
    or potential violation of law, whether civil, criminal, or 
    regulatory in nature, and whether arising by general statute, or by 
    rule, regulation, or order issued pursuant thereto; (2) to a court, 
    magistrate, or administrative tribunal, or to opposing counsel, in 
    a proceeding before any of the above, which are sought in the 
    course of discovery and which are relevant to the subject matter of 
    the proceedings; and (3) to a congressional office from the record 
    of an individual in response to an inquiry from the congressional 
    office at the request of that individual.
    
        Policies and practices for storing, retrieving, accessing, 
    retaining, and disposing of records in the system:
        Storage: National Computer Center, Kansas City Security Staff uses 
    multiple storage devices with full backup facilities; including both 
    on-site and off-site storage and distant hot-site facilities.
        Retrievability: Records are indexed by Appellant name, NAD log 
    number, State, and hearing officer.
        Safeguards: Computer Associates Access Control Facility software 
    controls who may use computer resources and protects data from 
    accidental or deliberate destruction, modification, disclosure, and 
    misuse. Computer Associates Access Control Facility is maintained and 
    used solely by members of the National Computer Center, Kansas City 
    Security Staff.
        Retention and disposal: Records are kept indefinitely.
        System manager(s) and address: System Security Administrator, 
    Information Systems Security Staff, 2350 Market Street, St. Louis, 
    Missouri 63103.
        Notification procedure: An individual may request information as to 
    whether the system contains records pertaining to him or her from 
    Director, NAD, USDA, 3101 Park Center Drive, Suite 1020, Alexandria, 
    Virginia 22302, telephone number (703) 305-1151. A request for 
    information pertaining to an individual should contain full name, 
    address, and zip code.
        Record access procedures: Any individual may obtain information as 
    to the procedures for gaining access to and contesting a record in the 
    system which pertains to him or her by submitting a written request to 
    the appropriate official referred to in the preceding paragraph.
        Contesting record procedures: Same as Record Access Procedures.
        Record source categories: Records in this system come primarily 
    from data entered by Regional offices maintaining appeal records on the 
    program participant. Information in these records is obtained from 
    appellants and agency decision makers.
        Systems exempted from certain provisions of the act: None.
    
    [FR Doc. 96-27767 Filed 10-29-96; 8:45 am]
    BILLING CODE 3410-18-M
    
    
    

Document Information

Published:
10/30/1996
Department:
Agriculture Department
Entry Type:
Notice
Action:
Notice of New Privacy Act System of Records.
Document Number:
96-27767
Dates:
This notice will be adopted without further publication in the Federal Register on December 30, 1996, unless modified by a subsequent notice to incorporate comments received from the public. 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 November 29, 1996.
Pages:
55952-55953 (2 pages)
PDF File:
96-27767.pdf