[Federal Register: September 17, 2004 (Volume 69, Number 180)]
[Notices]
[Page 56031-56032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se04-35]
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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.
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[[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.
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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 gnichols@fs.fed.us.
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