[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