[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