[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]



 ========================================================================
 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.
 
 ========================================================================
 

  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.

-----------------------------------------------------------------------

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