[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Notices]
[Pages 56031-56032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20930]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 180 / Friday, September 17, 2004 / 
Notices  

[[Page 56031]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Amendment of Existing System of Records; 
USDA/FS-33, Law Enforcement and Investigation Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice; request for comment.

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

SUMMARY: In accordance with the Privacy act of 1974, as amended, the 
U.S. Department of Agriculture (USDA) is proposing to amend the name of 
the existing system of records to USDA/FS-33, Law Enforcement and 
Investigative Records. USDA invites public comment on this amendment.

DATES: 
    Comment Date: Comments must be received on or before October 18, 
2004.
    Effective Date: These system amendments will be adopted without 
further notice on November 16, 2004, unless modified to respond to 
comments received from the public and published in a subsequent notice.

ADDRESSES: Send written comments to the Director, Law Enforcement and 
Investigations (Mail Stop 1140), USDA Forest Service, P.O. Box 96090, 
Washington, DC 20090-6090. Those who submit comments should be aware 
that all comments, including names and addresses when provided, are 
placed in the record and are available for public inspection. 
Individuals wishing to inspect comments are encouraged to call (703) 
605-4732 to make arrangements.

FOR FURTHER INFORMATION CONTACT: Greg Nichols, USDA Forest Service, Law 
Enforcement and Investigations Staff, at (703) 605-4732, or Fax (703) 
605-5112, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act (5 U.S.C. 552a), 
the Forest Service is proposing to amend the name of this system of 
records USDA/FS-33 Law Enforcement and Investigative Records to include 
a new system location and system manager, and include a new storage 
type of computer databases to store and retrieve information.
    In accordance with the Privacy Act and OMB Circular A-130, the USDA 
has provided a report on this revised system of records to the Office 
of Management and Budget and to the Congress.
    A copy of the amended system of records is set out at the end of 
this notice. Although the Privacy Act requires a Federal agency to 
solicit comments from the public only with respect to changes in a 
system's routine use, the department of Agriculture invites comments on 
all portions of this notice.

    Dated: September 7, 2004.
Ann M. Veneman,
Secretary of Agriculture.
DEPARTMENT OF AGRICULTURE

USDA/FS-33

System Name:
    Law Enforcement and Investigative Records, USDA/FS.

Security Classification:
    None.

System Location:
    These records are located at Forest Service Headquarters in 
Washington, DC, in the office of the Law Enforcement and Investigations 
Director; each Regional Office, in the office of the Special Agent in 
Charge; each Forest Supervisor Office, in the office of the Special 
Agent; each Ranger District Office, in the office of the Law 
Enforcement Officer; and in the Federal Law Enforcement Training Center 
(FLETC) in Glynco, Georgia, 31524, in the office of the Assistant 
Director, Training, Development and Standards. The addresses of these 
offices are listed in 36 CFR Part 200, subpart A, or in local telephone 
directories under the heading ``United States Government, Department of 
Agriculture, Forest Service.''

Categories of Individuals Covered by the System:
     Subjects: Individuals against whom allegations of 
wrongdoing have been made or who have committed a violation.
     Principals: Individuals not named as subjects, but who may 
be responsible for alleged violations.
     Complainants: Those who allege wrongdoing.
     Others: Those closely connected with or contacted about an 
investigation or law enforcement issues.
     Law Enforcement and Investigations Personnel: Records 
pertaining to firearms certifications, issuance of credentials, 
physical fitness testing results, training records, and personal 
information.

Categories of Records in the System:
    The system consists of files containing reports of investigation; 
correspondence; informal notes; statements of witnesses; names; 
addresses; social security numbers; dates of birth; law enforcement 
reports; and other available information incident to investigations 
conducted, enforcement actions, or violations; firearms inventory and 
officer certifications; credential information; qualifications of hours 
worked; and training records. Records in the system do not include 
general employee personnel folder (OPF) data.

Authority for Maintenance of the System:
    Title 16, Untied States Code, section 559.

Purpose of the System:
    The purpose of this system of records is to maintain (1) Records 
related to law enforcement investigations of civil, criminal, or 
regulatory violations of law; and (2) records related to Law 
Enforcement and Investigations personnel: firearms inventory and 
officer certifications; credential information; qualifications of hours 
worked; and training records.

Routine Uses of Information in the System:
    (1) Disclose information to an appropriate agency, whether Federal, 
State, or local, charged with the responsibility of investigating or 
prosecuting a violation of law, 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 particular program 
statute, or by rule, regulation, or order issued pursuant thereto.
    (2) Disclose information to a court, magistrate, or administrative 
tribunal, or to opposing counsel in a proceeding before any of the 
above, which

[[Page 56032]]

constitutes evidence in that proceeding, or which is sought in the 
course of discovery.
    (3) Disclose information to the Department of Justice for the 
defense of suits against the United States or its officers, or for the 
institution of suits for the recovery of claims by the United States 
Department of Agriculture.
    (4) Disclose information to the Chairman of a Congressional 
Committee to conduct Committee business.
    (5) Disclose information 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.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained in paper form in file folders or on computer 
printouts, and in computerized form stored in memory or on computer 
disk storage.

Retrievability:
    Records are maintained under the agency's 5300 and 5320 file codes, 
identified by case numbers and/or subject name.

Safeguards (Access Controls):
    Computer files are password protected. Other records are maintained 
in restricted areas during duty hours and in locked file rooms, locked 
file cabinets, and locked law enforcement offices during non-duty 
hours. Employee access is limited to approved persons with USDA 
security clearances.

Retention and Disposal:
    Records are maintained in accordance with the Records Disposal Act 
of 1943 (44 U.S.C. 366-380) and the Federal Records act of 1950, and so 
designated in the Forest Service Records Management Handbook (FSH) 
6209.11. Enforcement and investigative records are retained for a 
period of 10 years from the date the case file is closed. Records are 
disposed of by shredding or burning.

System Manager(s):
    Law Enforcement and Investigations (LEI) Director, USDA Forest 
Service, 1400 Independence Avenue, SW., (Mail Stop 1140), Washington, 
DC 20090-1140; the LEI Special Agent in Charge or the Law Enforcement 
Officer at USDA Forest Service Regional, Forest Supervisor, and Ranger 
District Offices (listed in 36 CFR 200.2, subpart A or in local 
telephone directories under the heading ``United States Government, 
Department of Agriculture, Forest Service''); and Assistant Director, 
Training, Developments and Standards, Federal Law Enforcement training 
Center (FLETC), Townhouse 378A, Glynco, GA 31524.

Notification procedures:
    An individual may request information regarding this system of 
records, or information as to whether the system contains records 
pertaining to him/her by submitting a written request to the system 
manager.

Record Access Procedures:
    An individual may request access to a record in this system, which 
pertains to him/her, by submitting a written request to the system 
manager.

Contesting record procedures:
    An individual may contest information in this system, which 
pertains to him/her, by submitting a written request to the system 
manager.

Record Source Categories:
    Information in this system of records is obtained from various 
sources, including, but not limited to: Subject interviews, witness 
interviews, victim interviews, examination of records and data, law 
enforcement databases, evidence gathered at crime scenes, and personal 
information furnished by the individuals themselves.

System Exempted from Certain provisions of the Act:
    Pursuant to 5 U.S.C. 552a(k)(2), this system of records has been 
exempted from the requirements of 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(3)(4)(G), (H), (I), and (f). See 7 CFR 1.123. This exemption will only 
be used to maintain the efficacy and integrity of law enforcement 
files, and to prevent access to certain law enforcement files, which 
would alert subjects of investigations that their activities are being 
scrutinized and thus allow them time to take measures to prevent 
detection of illegal action or escape prosecution. Any individual who 
feels, however, that they have been denied any right, privilege, or 
benefit for which they would otherwise be eligible as a result of the 
maintenance of such material may request access to the material by 
submitting a written request to the system manager.

[FR Doc. 04-20930 Filed 9-16-04; 8:45 am]
BILLING CODE 3410-11-M