Farm Service Agency 

USDA/FSA–9 
System name: 
Complaints and Discrimination Investigation Handled by the EEO Staff, USDA/FSA–9. 

System location: 
Office of the Deputy Administrator, Management, USDA/FSA, Stop 0560, PO Box 2415, Washington, DC 20013–2415, and in offices of each EEO counselor at address posted on bulletin boards in Washington, DC. These addresses are readily obtainable by contacting the Civil Rights and Small Business Development Staff, Stop 509, PO Box 2415. Washington, DC 20013–2415. 

Categories of individuals covered by the system: 
Individuals who have filed formal allegations of discrimination. 

Categories of records in the system: 
Preliminary inquires, audit, investigation reports and supporting material. 

Authority for maintenance of the system: 
42 U.S.C. 2000d, 2000e, 42 U.S.C. 6101, et seq. 

Purpose(s): 
To facilitate the tracking of discrimination complaints and investigations as required. 

Routine uses of records maintained in the system, including categories of users and the purposes of such uses: 
Records contained in this system may be disclosed: 

(1) To the appropriate agency, whether Federal, State, local or foreign, charged with the responsibility of investigating or prosecuting a violation of law, or enforcing or implementing a statute, or a 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) To the Department of Justice when (a) the agency, or any component thereof; or (b) any representative of the agency in his or her official capacity; or (c) any representative of the agency in his or her individual capacity where the Department of Justice has agreed to represent the individual: or (d) the United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation, provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected; 

(3) To a court or adjudicative body before which the agency is authorized to appear, when (a) the agency, or any component thereof; (b) any representative of the agency in his or her official capacity; (c) any representative of the agency in his or her individual capacity where the agency has agreed to represent the individual; or (d) the United States, where the agency determines that a litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the agency determines that use of such records is relevant and necessary to the litigation, provided, however, that in each case, the agency determines that disclosure of the records to the court is a use of the information contained in the records that is compatible with the purpose for which the records were collected; and 

(4) To a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the individual to whom the record pertains. 

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: 
Storage: 
The records are maintained in file folders and Department computers at the offices listed above. 

Retrievability: 
The records are indexed by individual name. 

Safeguards: 
The records are kept in secured Government buildings. Access is limited to authorized FSA representatives. Computer files are protected by authorization codes, passwords and other safeguard technology. 

Retention and disposal: 
The records are retained for three years after case is closed. 

System manager(s) and address: 
Civil Rights and Small Business Development Staff, USDA/FSA, Stop 0509, PO 2415, Washington, DC 20013–2415. 

Notification procedure: 
An individual may request information regarding this system of records, or information as to whether this system contains records pertaining to such individual from the System Manager listed above. 

Record access procedures: 
An individual may obtain information about a record in the system which pertains to such individual by submitting a written request to the above listed System Manager. The envelope and letter should be marked "Privacy Act Request." A request for information should contain: Name, address, ZIP code, name of the system of records, year of records in question, and any other pertinent information to help identify the file. 

Contesting record procedures: 
Individuals desiring to contest or amend information maintained in the system should direct their requests to the above listed System Manager, and should include the reason for contesting it and the proposed amendment to the information with supporting information to show how the record is inaccurate. A request for contesting records should contain: Name, address, ZIP code, name of the system of records, year of records in question, and any other pertinent information to help identify the file. 

Record source categories: 
Individual preliminary inquires, third party observers, audit and investigation reports. 

Systems exempted from certain provisions of the act: 
This system has been exempted pursuant to 5 U.S.C. 552a(k) from the requirements of 5 U.S.C. 552a(c)(3)(d), (e)(1), (e)(4)(G), (H), and (I), and (f) because it consists of investigatory material compiled for law enforcement purposes. Individual access to these files could impair investigations and alert subjects of investigations that the activities are being scrutinized, and thus allow them time to take measures to prevent detection of illegal action or escape prosecution. Disclosure of investigative techniques and procedures, and of existence and identify confidential sources of information would hamper law enforcement activity.