[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Notices]
[Page 21389-21391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-27]
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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 21389]]
DEPARTMENT OF AGRICULTURE
Privacty Act: System of Records
AGENCY: Office of the Secretary, Agriculture.
ACTION: Notice of proposed revision of Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act 5 U.S.C. 552(a)(e)(11), the
United States Department of Agriculture (``USDA'') Office of Inspector
General (``OIG'') proposes to revise two of its systems of records,
USDA/OIG-3: Investigative Files and Automated Investigative Indices
System and USDA/OIG-4: IG Hotline Complaint Records. These systems of
records were last published in the Federal Register on November 17,
1997, on pages 61262-61266, 62 FR 61262, et seq.
EFFECTIVE DATE: This notice will be adopted without further publication
in the Federal Register on June 27, 2005, 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 the
proposed routine uses will become effective as proposed without further
notice on May 26, 2005.
FOR FURTHER INFORMATION CONTACT: David Gray, Counsel to the Inspector
General, Office of Inspector General, U.S. Department of Agriculture,
1400 Independence Avenue, SW., Room 41-W, Washington, DC 20250-2308,
telephone: (202) 720-9110, Facsimile: (202) 690-1528, e-mail:
drgray@oig.usda.gov.
SUPPLEMENTARY INFORMATION: The OIG proposes revising existing routine
use by deleting one half of one sentence of an existing routine use to
avoid referring to another Agency's Regulations and to add two routine
uses to the routine uses currently applicable to OIG's systems of
records to permit disclosure under two systems of records. The first
addition is for purposes of internal and external peer reviews of the
OIG's Office of Investigations specifically relating to the systems of
USDA/OIG-3: Investigative Files and Automated Investigative Indices
System, and USDA/OIG-4: IG Hotline Complaint Records. The second
routine use also applies to these same systems of records to allow
disclosure of these records to the President's Council on Integrity and
Efficiency (PCIE) and other Federal agencies, when these entities
conduct an audit or investigation pursuant to Executive Order 12993.
The current language of routine use numbered 13 in both systems of
records is as follows:
(13) Relevant information from a system of records may be disclosed
to the news media and general public where there exists a legitimate
public interest, e.g., to assist in the location of fugitives, to
provide notification of arrests, where necessary for protection from
imminent threat of life or property, or in accordance with guidelines
set out by the Department of Justice in 28 CFR 50.2.
The proposed revision deletes the last part of the sentence, to end
the sentence after the word ``property.'' Thus, the end of the sentence
that refers to the Department of Justice guidelines and its regulatory
citation is deleted. The revised routine use will then read as follows:
(13) Relevant information from a system of records may be disclosed
to the news media and general public where there exists a legitimate
public interest, e.g., to assist in the location of fugitives, to
provide notification of arrests, or where necessary for protection from
imminent threat of life or property.
The first added routine use is proposed to reflect an amendment to
the Inspector General Act of 1978, pursuant to VIII, Subtitle B,
Section 812(7) of the Department of Homeland Security Act of 2002,
which reads as follows: ``To ensure the proper exercise of the law
enforcement powers authorized by this subsection, the OIG described
under paragraph (3) shall, not later than 180 days after the date of
enactment of this subsection, collectively enter into a memorandum of
understanding to establish an external review process for ensuring that
adequate internal safeguards and management procedures continue to
exist within each Office and within any Office that later receives an
authorization under paragraph (2). The review process shall be
established in consultation with the Attorney General, who shall be
provided with a copy of the memorandum of understanding that
established the review process. Under the review process, the exercise
of the law enforcement powers by each Office of Inspector General shall
be reviewed periodically by another Office of Inspector General or by a
committee of Inspectors General. The results of each review shall be
communicated in writing to the applicable Inspector General and to the
Attorney General.''
The second added routine use is proposed to enable an OIG to assist
other OIGs with internal audits or investigations required by the PCIE
under Executive Order 12993, but which cannot or should not be
performed by the staff of a particular OIG that would normally conduct
the investigation, and to allow reports to be reviewed by the PCIE
regarding actions taken with respect to these investigations. This
routine use will allow the OIG to conduct assigned audits or
investigations under Executive Order 12993 and to report its findings,
recommendations and actions taken to the PCIE. It will also allow the
release of information to other agencies conducting internal audits or
investigations of the OIG.
The text of the addition of the added routine uses (to be numbered
14 and 15) to systems USDA/OIG-3 and USDA/OIG-4 will read as follows:
(14) A record may be disclosed to any official charged with the
responsibility to conduct qualitative assessment reviews or peer
reviews of internal safeguards and management procedures employed in
investigative operations. This disclosure category includes members of
the President's Council on Integrity and Efficiency and officials and
administrative staff within their investigative chain of command, as
well as authorized officials of the Department of Justice and the
Federal Bureau of Investigation.
(15) In the event that these records respond to an audit,
investigation or review, which is conducted pursuant to
[[Page 21390]]
an authorizing law, rule or regulation, and in particular those
conducted at the request of the President's Council on Integrity and
Efficiency (``PCIE'') pursuant to Executive Order 12993, the records
may be disclosed to the PCIE and other Federal agencies, as necessary.
All other aspects of OIG's systems of records remain unchanged and
are as published, other than systems of records' locations, which are
updated as set forth in Attachment A. 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, Committee on Homeland Security and Governmental
Affairs, United States Senate; the Chairman, Committee on Government
Reform, House of Representatives; and the Administrator, Office of
Information and Regulatory Affairs, Office of Management and Budget on
April 19, 2005.
Dated: April 19, 2005.
Mike Johanns,
Secretary of Agriculture.
USDA/OIG-3
SYSTEM NAME:
Investigative Files and Automated Investigative Indices Systems,
USDA/OIG.
* * * * *
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under
subsection (b) of the Privacy Act of 1974, 5 U.S.C. 552a(b), records
may also be disclosed routinely to other users under the following
circumstances:
* * * * *
(13) Relevant information from a system of records may be disclosed
to the news media and general public where there exists a legitimate
public interest, e.g., to assist in the location of fugitives, to
provide notification of arrests, or where necessary for protection from
imminent threat of life or property.
(14) A record may be disclosed to any official charged with the
responsibility to conduct qualitative assessment reviews or peer
reviews of internal safeguards and management procedures employed in
investigative operations. This disclosure category includes members of
the President's Council on Integrity and Efficiency and officials and
administrative staff within their investigative chain of command, as
well as authorized officials of the Department of Justice and the
Federal Bureau of Investigation.
(15) In the event that these records respond to an audit,
investigation or review, which is conducted pursuant to an authorizing
law, rule or regulation, and in particular those conducted at the
request of the President's Council on Integrity and Efficiency
(``PCIE'') pursuant to Executive Order 12993, the records may be
disclosed to the PCIE and other Federal agencies, as necessary.
* * * * *
USDA/OIG-4
SYSTEM NAME:
OIG Hotline Complaint Records, USDA/OIG.
In addition to those disclosures generally permitted under
subsection (b) of the Privacy Act of 1974, 5 U.S.C. 552a(b), records
may also be disclosed routinely to other users under the following
circumstances:
* * * * *
(13) Relevant information from a system of records may be disclosed
to the news media and general public where there exists a legitimate
public interest, e.g., to assist in the location of fugitives, to
provide notification of arrests, or where necessary for protection from
imminent threat of life or property.
(14) A record may be disclosed to any official charged with the
responsibility to conduct qualitative assessment reviews or peer
reviews of internal safeguards and management procedures employed in
investigative operations. This disclosure category includes members of
the President's Council on Integrity and Efficiency and officials and
administrative staff within their investigative chain of command, as
well as authorized officials of the Department of Justice and the
Federal Bureau of Investigation.
(15) In the event that these records respond to an audit,
investigation or review, which is conducted pursuant to an authorizing
law, rule or regulation, and in particular those conducted at the
request of the President's Council on Integrity and Efficiency
(``PCIE'') pursuant to Executive Order 12993, the records may be
disclosed to the PCIE and other Federal agencies, as necessary.
SYSTEM LOCATION:
In the headquarters offices of the U.S. Department of Agriculture
(USDA), Office of Inspector General (OIG) and in the Jamie L. Whitten
Federal Building, 1400 Independence Avenue, SW, Washington, DC 20250,
and in the following OIG regional offices and sub offices, as listed in
Attachment A.
Attachment A
OIG Regional Offices
Northeast Region/Investigations and Northeast Region/Audit, 5601
Sunnyside Avenue, Suite 2-2230, Beltsville, Maryland 20705-5300
Southeast Region, 401 W. Peachtree Street NW., Room 2329
(Investigations), Room 2328 (Audit), Atlanta, Georgia 30308
Midwest Region, 111 N. Canal Street, Suite 1130, Chicago, Illinois
60606-7295
Southwest Region, 101 South Main, Room 311 (Investigations), Room
324 (Audit), Temple, Texas 76501
Great Plains Region, 8930 Ward Parkway, Suite 3016, Kansas City,
Missouri 64114
Western Region, 75 Hawthorne Street, Suite 200, San Francisco,
California 94105-3920
OIG/Audit Sub Offices
Mercer Corporate Park, 310 Corporate Boulevard, Robbinsville, New
Jersey 08691-1598
One Credit Union Place, Suite 350, Harrisburg, Pennsylvania 17110-
2992
26 Federal Plaza, Room 1415, New York, New York 10278
IBM Building, Suite 600, 654 Munoz Rivera Avenue, Hato Rey, Puerto
Rico 00918-4118
3101 Park Center Drive, Suite 1128, Alexandria, Virginia 22302
3008 NW. 13th Street, Suite B, Gainesville, Florida 32609
111 East Capitol Street, Suite 425, Jackson, Mississippi 39201
233 Cumberland Bend, Room 118, Nashville, Tennessee 37228
4407 Bland Road, Room 100, Raleigh, North Carolina 27609
299 East Broward Boulevard, Federal Building, Room 410, Box 14, Ft.
Lauderdale, Florida 33301
200 N. High Street, Room 346, Columbus, Ohio 43215-2408
375 Jackson Street, Suite 620, St. Paul, Minnesota 55101-1850
3001 Coolidge Road, Suite 150, East Lansing, Michigan 48823-6321
1114 Commerce Street, Santa Fe Building, Suite 202, Dallas, Texas
75242
100 Centennial Mall North, Room 276, Lincoln, Nebraska 68508
13800 Old Gentilly Road, Building 350, Post J4, New Orleans,
Louisiana 70129
2150 Centre Avenue, Building A, Suite 138, Ft. Collins, Colorado
80526-1891
4300 Goodfellow Boulevard, Building 104F, 2nd Floor, Pole L2, St.
Louis, Missouri 63120
Edith Green Wendell Wyatt Federal Office Building, 1220 SW. Third
Avenue, Room 1640, Portland, Oregon 97204-2893
430 `G' Street, Davis, California 95616-4166
OIG/Investigations Sub Offices
26 Federal Plaza, Room 1409, New York, New York 10278-0004
54 Stiles Road, Suite 108, Salem, New Hampshire 03079
Bishop Curley Building, 421 S. Warren Street, Room 201, Syracuse,
New York 13201
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660 American Avenue, Suite 201, King of Prussia, Pennsylvania 19406-
4032
4407 Bland Road, Room 110, Raleigh, North Carolina 27609
Federal Building, 400 N. 8th Street, Room 526, Richmond, Virginia
23240-1001
233 Cumberland Bend, Room 118, Nashville, Tennessee 37228
Robert Vance Federal Building, Room 414, 1800 5th Avenue,
Birmingham, Alabama 35203-3702
3008 NW. 13th Street, Suite A, Gainesville, Florida 32609
299 East Broward Boulevard, Federal Building, Room 410, Box 14, Ft.
Lauderdale, Florida 33301
200 North High Street, Room 350, Columbus, Ohio 43215-2408
3001 Coolidge Road, Suite 150, East Lansing, Michigan 48823-6321
6039 Lakeside Boulevard, Indianapolis, Indiana 46278-1989
U.S. Courthouse Building, 601 West Broadway, Room 617, Louisville,
Kentucky 40202
1350 Euclid Avenue, Room 280, Cleveland, Ohio 44115-1815
1114 Commerce Street, Santa Fe Building, Suite 202, Dallas, Texas
75242
650 North Sam Houston Parkway East, Room 540, Houston, Texas 77060
700 West Capitol, Room 2528, Little Rock, Arkansas 72201
423 Canal Street, Room 331, New Orleans, Louisiana 70130
215 Dean A. McGee Street, Room 416, Oklahoma City, Oklahoma 73102
111 East Capitol Street, Suite 425, Jackson, Mississippi 39201
522 N. Central Avenue, Room 202, Phoenix, Arizona 85004
300 E. Main Street, Room 501, El Paso, Texas 79901
12136 W. Bayaud Avenue, Suite 210, Lakewood, Colorado 80228-2115
911 Washington Avenue, Suite 410, St. Louis, Missouri 63101
210 Walnut Street, Suite 573, Des Moines, Iowa 50309
140 N. Phillips Avenue, Suite 320, Sioux Falls, South Dakota 57101
100 Centennial Mall North, Room 282, Lincoln, Nebraska 68508
304 East Broadway, Room 336, Bismarck, North Dakota 58501
375 Jackson Street, Suite 620, St. Paul, Minnesota 55101-1850
1000 Second Avenue, Suite 1950, Seattle, Washington 98104
21660 E. Copley Drive, Suite 370, Diamond Bar, California 91765
300 Ala Moana Boulevard, Room S153, Honolulu, Hawaii 96850-0001
430 `G' Street, Davis, California 95616-4166
Edith Green Wendell Wyatt Federal Office Building, 1220 SW Third
Avenue, Room 1640, Portland, Oregon 97204-2893
1130 `O' Street, Room 4201-E, Fresno, California 93721-2236
610 West Ash Street, Suite 707, San Diego, California 92101-3346
[FR Doc. 05-8221 Filed 4-25-05; 8:45 am]
BILLING CODE 3410-23-P