[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78203-78207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31400]


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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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Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / 
Notices

[[Page 78203]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. AMS-FV-09-0034; FV-09-707]


Privacy Act of 1974: New System of Records

AGENCY: USDA, Agricultural Marketing Service.

ACTION: Notice of a new system of records for information collected 
pursuant to the operation and enforcement of Research and Promotion 
programs.

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

SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Agricultural Marketing Service (AMS) proposes to add a system of 
records to its inventory of records systems. The system of record will 
cover information collected under Research and Promotion programs in 
AMS. This notice is necessary to meet the requirements of the Privacy 
Act to publish in the Federal Register notice of the existence and 
character of record systems maintained by the agency. Although the 
Privacy Act requires only that the portion of the system that describes 
``routine uses'' of the system be published for comment, we invite 
comment on all portions of this notice. AMS Research and Promotion 
branches and its components and offices have relied on preexisting 
Privacy Act system of records notices for the collection and 
maintenance of records that pertain to research and promotion program 
management.

DATES: The established system of records will be effective February 14, 
2011 unless comments are received that would result in a contrary 
determination. Written comments must be submitted on or before January 
14, 2011.

ADDRESSES: Interested persons are invited to submit written comments on 
the Internet at http://www.regulations.gov or to Kimberly Coy, 
Marketing Specialist, Research and Promotion Branch, FV, AMS, USDA, 
Stop 0244, Room 0634-S, 1400 Independence Avenue, SW., Washington, DC 
20250-0244; telephone (202) 720-9915 or (888) 720-9917 (toll free) or 
e-mail <a href="/cdn-cgi/l/email-protection#660d0f0b0403140a1f4805091f26070b15481315020748010910"><span class="__cf_email__" data-cfemail="deb5b7b3bcbbacb2a7f0bdb1a79ebfb3adf0abadbabff0b9b1a8">[email protected]</span></a>.
    All comments received must include the agency name and docket 
number for this notice. All comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Kimberly Coy, Marketing Specialist, Research and Promotion Branch, FV, 
AMS, USDA, Stop 0244, Room 0634-S, 1400 Independence Avenue, SW., 
Washington, DC 20250-0244; telephone (202) 720-9915 or (888) 720-9917 
(toll free) or e-mail <a href="/cdn-cgi/l/email-protection#f19a989c9394839d88df929e88b1909c82df84829590df969e87"><span class="__cf_email__" data-cfemail="e3888a8e8186918f9acd808c9aa3828e90cd96908782cd848c95">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Agriculture (USDA), through AMS, helps the 
agricultural industries develop and expand domestic and international 
markets for their commodities through self-help programs that conduct 
research and promotion activities. There are currently 18 Research and 
Promotion programs in AMS. AMS exercises its authority and oversight of 
these Research and Promotion programs on specific domestic and imported 
agricultural commodities. As part of its authority and oversight role 
of various Research and Promotion programs, AMS requires information 
and data relating to the production and the importation of those 
products and commodities that fall within its authority. Part of this 
information is maintained by U.S. Customs and Border Protection (CBP) 
in the Automated Commercial Environment (ACE). In support of these 
requirements, CBP through ACE collects and transmits the identified 
information as it relates to the import of various agricultural 
commodities and products. AMS agrees that the information obtained from 
CBP will only be used for the purposes of implementing AMS laws and 
regulations, including using this data for regulatory enforcement 
actions brought in USDA administrative proceedings and/or Federal 
courts, preparing and releasing summary and statistical market news 
reports on agricultural commodities and related products, verification 
of payment of assessments, and referendum procedures. However, any 
further dissemination not expressly identified here will not occur 
without the express written permission of CBP. AMS further agrees that 
any request pursuant to the FOIA (5 U.S.C. 552) for CBP information 
transferred to AMS will be sent to CBP by secure connectivity for 
response. The information will be reviewed only by authorized AMS 
personnel on a roll base and a need-to-know basis and will be kept 
secure.
    In regards to the information collected from domestic production, 
AMS and the commodity boards or councils maintain such confidential 
information as required under the specific statutes and government 
policies relating to confidential information.
    While an order issued under the review and guidance of AMS is in 
effect with respect to an agricultural commodity, assessments shall be 
paid by producers, first handlers, or others in the marketing chain 
with respect to the agricultural commodity produced and marketed in the 
United States and paid by importers with respect to the agricultural 
commodity imported into the United States, if the imported agricultural 
commodity is covered by the order. Assessments required under an order 
shall be remitted to the board established under the order at the time 
and in the manner prescribed by the order. Late-payment and interest 
charges may be levied on each person subject to an order who fails to 
remit an assessment. The rate for the charges shall be specified by the 
Secretary. The board/council, with the approval of the Secretary, may 
enter into agreements authorizing other organizations to collect 
assessments and possibly personally identifiable information in its 
behalf. Any such organization shall be required to maintain the 
confidentiality of such information as is required by the board/council 
for collection purposes. Persons failing to remit total assessments due 
in a timely manner may also be subject to actions under Federal debt 
collection procedures. In order to verify that assessments are indeed 
required to be

[[Page 78204]]

paid, and if so, that assessments required are considered late, the 
Department must collect information from the board/council as well as 
the assessment payer.
    Each order shall establish a board/council to carry out a program 
of generic promotion, research, and information regarding the 
agricultural commodity covered by the order. Each board shall consist 
of the number of members as established by the order for each specific 
commodity. In addition to members, the Secretary may also provide for 
alternates on the board. The Secretary shall appoint the members and 
any alternates of a board from among producers of the agricultural 
commodity and first handlers and others in the marketing chain as 
appropriate. If imports of the agricultural commodity covered by an 
order are subject to assessment, the Secretary shall also appoint 
importers as members of the board and as alternates, if alternates are 
included on the board. The Secretary may appoint one or more members of 
the general public to each board. The Secretary may make appointments 
from nominations made pursuant to the method set forth in each 
commodity's respective order. In order to nominate members to the 
board, the department must collect information to verify identity and 
eligibility to serve on the boards/councils.
    AMS Research and Promotion branches and its components and offices 
have relied on preexisting Privacy Act system of records notices for 
the collection and maintenance of records that pertain to research and 
promotion program management.
    As part of its efforts to streamline and consolidate its Privacy 
Act record systems, AMS is establishing a new Research and Promotion 
program-wide system of records under the Privacy Act (5 U.S.C. 552a) 
for research and promotion records management. This will ensure that 
all AMS Research and Promotion branches follow the same privacy rules 
for collecting and handling individuals' security management records.

II. Privacy Act

    The Privacy Act of 1974, as amended (5 U.S.C. 552a) requires 
agencies to publish in the Federal Register any notice of a new or 
revised system of records maintained by the agency. A system of records 
is a group of any records under the control of any agency, from which 
information is retrieved by the name of an individual or by some 
identifying number, symbol, or other identifying particular assigned to 
an individual. The Privacy Act embodies fair information practice 
principles in a statutory framework governing the means by which the 
United States Government collects, maintains, uses, and disseminates 
personally identifiable information. In the Privacy Act, an individual 
is defined to encompass United States citizens and legal permanent 
residents. As a matter of policy, AMS extends administrative Privacy 
Act protections to all individuals where systems of records maintain 
information on U.S. citizens, lawful permanent residents, and visitors. 
Individuals may request their own records that are maintained in a 
system of records in the possession or under the control of AMS by 
complying with AMS Privacy Act regulations.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which personally identifiable information is put, and to assist 
individuals to more easily find such files within the agency. Below is 
a description of the USDA Research and Promotion Programs System of 
Records Notice.
SYSTEM NUMBER:
    USDA/AMS-12

SYSTEM NAME:
    USDA/Research and Promotion Programs Information Retrieval (RPPIR) 
(New)

SECURITY CLASSIFICATION:
    Unclassified, sensitive, for official use only, and classified.

SYSTEM LOCATION:
    Records are maintained at several USDA Headquarters locations and 
in Research and Promotion Boards or Councils offices in the USDA, 
Agricultural Marketing Service, 1400 Independence Avenue, SW., 
Washington, DC 20250-0244, and in field locations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include: (1) All 
Research and Promotion Board or Council nominees including, but not 
limited to: Producers, handlers, importers, foreign producers, and at-
large members; (2) importers that are self-proprietors and maintain a 
valid Customs importer number; (3) all individuals covered by a 
Research and Promotion program under AMS supervision; (4) individuals 
who are regulated by the subject Acts and Regulations who may be 
investigated for possible violations; including customers, producers, 
handlers, importers, plant operators, farmers, licenses, inspectors, 
graders, weighers, classers, collaborators, agents, appointees, 
samplers, and other non-Federal employees; and (5) any other 
individuals involved in a review or investigation as an alleged 
violator.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system consists of investigatory material which may include 
intra- and interdepartmental recommendations pertaining to an alleged 
violation of the subject Acts. It may include name, social security 
number, tax identification number, employment history, performance 
ratings, criminal history, financial information, background 
information, biographical data, customs operations, license files, bond 
records, commodity information, power of attorney, and case file 
information. The case file contains evidence gathered in the course of 
the review or investigations. The system will also contain the 
following records:
    <bullet> Records relating to nominations to the board/council 
including, but not limited to:
    [cir] Individual's name;
    [cir] Social Security number;
    [cir] Date of birth;
    [cir] Address;
    [cir] Employment information;
    [cir] Professional affiliation(s);
    [cir] Education;
    [cir] Tax Identification Number;
    [cir] Income sources for amounts over $10,000; and
    [cir] Criminal history.
    <bullet> Records relating to compliance including, but not limited 
to:
    [cir] The total quantity of commodity acquired during the reporting 
period;
    [cir] Total quantity handled during the period;
    [cir] The total quantity for sale from the first handler's own 
production;
    [cir] The quantity purchased from a first handler or importer 
responsible for paying the assessment;
    [cir] The date assessment payments were made; and
    [cir] The first handler's tax identification number.
    [cir] For importers, the information may include: The total 
quantity imported during such reporting period;
    [cir] A record of each lot imported during the reporting period 
including quantity, date, country of origin, and port of entry; and
    [cir] The importer of record tax identification number.
    <bullet> Records relating to customs include, but not limited to:

[[Page 78205]]

    [cir] Importer Number (tax identification number, Duns number, 
etc.)
    [cir] Importer name and address (need physical address)
    [cir] Importer contact name, phone
    [cir] Country
    [cir] Port
    [cir] Collection date
    [cir] Trans number
    [cir] Terminal ID
    [cir] Collection type
    [cir] Document number
    [cir] Quantity (volume)
    [cir] Harmonized Tariff Schedule Code
    [cir] Assessment collected

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Privacy Act of 1974, as amended, 5 U.S.C. 552a; Commodity 
Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425) 
(Blueberries, Honey Packers and Importers, Lamb, Mangos, Peanuts, 
Sorghum, and other laws, statutes, regulations or orders as 
designated), Beef Research and Promotion Act (7 U.S.C. 2901-2911), 
Cotton Research and Promotion Act (7 U.S.C. 2101-2118), Dairy 
Production Stabilization Act of 1983 (7 U.S.C. 4501-4514), Egg Research 
and Consumer Information Act of 1974 (7 U.S.C. 2701-2718), Fluid Milk 
Promotion Act of 1990 (7 U.S.C. 6401-6417), Hass Avocado Promotion, 
Research, and Information Act of 2000 (7 U.S.C. 7801-7813), Mushroom 
Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 
6101-6112), Popcorn Promotion, Research, and Consumer Information Act 
(7 U.S.C. 7481-7491), Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4801-4819), Potato Research and 
Promotion Act (7 U.S.C. 2611-2627), Soybean Promotion, Research, and 
Consumer Information Act of 1990 (7 U.S.C. 6301-6311), Watermelon 
Research and Promotion Act (7 U.S.C. 4901-4916), 7 CFR Parts 1150, 
1160, 1205, 1206, 1207, 1209, 1210, 1212, 1215, 1216, 1218, 1219, 1220, 
1221, 1230, 1250, 1260, 1280, and all the various agricultural products 
and commodities in which AMS Research and Promotion has present or 
future statutory or regulatory interest.

PURPOSE:
    The purpose of this system is to maintain the information to verify 
the eligibility of persons nominated to positions to the commodity 
boards as well as to verify the eligibility of persons applying for 
exemptions or credit of assessments. The system also permits AMS to use 
CBP ACE DATA to ensure compliance with AMS laws and regulations, and 
publicly disseminate in aggregate form daily market information for 
various individual agricultural commodities and related products. This 
system also allows the collection of information related to all AMS 
Research and Promotion programs for referendum purposes and for 
compliance cases to ensure compliance with AMS laws and regulations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Routine use for disclosure to the Department of Justice for use 
in litigation: To the Department of Justice when: (a) The agency or any 
component thereof; or (b) any employee of the agency in his or her 
official capacity where the Department of Justice has agreed to 
represent the employee; (c) any employee of the agency in his or her 
individual capacity where the agency or the Department of Justice has 
agreed to represent the employee; or (d) the United States Government, 
is a party to litigation or has an interest in such litigation, and by 
careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records by 
the Department of Justice is therefore deemed by the agency to be for a 
purpose that is compatible with the purpose for which the agency 
collected the records.
    2. Routine use for disclosure to adjudicative body in litigation: 
To a court or adjudicative body in a proceeding when: (a) The agency or 
any component thereof; or (b) any employee of the agency in his or her 
official capacity; or (c) any employee of the agency in his or her 
individual capacity where the agency has agreed to represent the 
employee; or (d) the United States Government, is a party to litigation 
or has an interest in such litigation, and by careful review, the 
agency determines that the records are both relevant and necessary to 
the litigation and the use of such records is therefore deemed by the 
agency to be for a purpose that is compatible with the purpose for 
which the agency collected the records.
    3. Routine use for law enforcement purposes: When a record on its 
face, or in conjunction with other records, 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 regulation, rule, or order issued pursuant thereto, 
disclosure may be made to the appropriate agency, whether Federal, 
foreign, State, local, or tribal, or other public authority responsible 
for enforcing, investigating, or prosecuting such violation or charged 
with enforcing or implementing the statute, or rule, regulation, or 
order issued pursuant thereto, if the information disclosed is relevant 
to any enforcement, regulatory, investigative or prosecutive 
responsibility of the receiving entity.
    4. Routine use for disclosure to a Member of Congress at the 
request of a constituent: To a Member of Congress or to a Congressional 
staff member in response to an inquiry of the Congressional office made 
at the written request of the constituent about whom the record is 
maintained.
    5. Routine use for disclosure to National Archives and Records 
Administration (NARA): Records from this system of records may be 
disclosed to the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted under 44 U.S.C. 2904 and 2906.
    6. Routine use for disclosure to contractors under section (m): To 
agency contractors, grantees, experts, consultants or volunteers who 
have been engaged by the agency to assist in the performance of a 
service related to this system of records and who need to have access 
to the records in order to perform the activity. Recipients shall be 
required to comply with the requirements of the Privacy Act of 1974, as 
amended, pursuant to 5 U.S.C. 552a(m).
    7. Routine use to HHS parent locator system for finding parents who 
don't pay child support: The name and current address of record of an 
individual may be disclosed from this system of records to the parent 
locator service of the Department of HHS or authorized persons defined 
by Public Law 93-647. 42 U.S.C. 653
    8. Routine use for use in nominations, employment, clearances, 
licensing, contract, grant or other benefits decisions by the agency: 
Disclosure may be made to Federal, State, local or foreign agency 
maintaining civil, criminal, or other relevant enforcement records, or 
other pertinent records, or to another public authority or professional 
organization, if necessary to obtain information relevant to an 
investigation concerning the nomination of a board or council member, 
retention of an employee or other personnel action (other than hiring), 
the retention of a security clearance, the letting of a contract, or 
the issuance or retention of a grant, or other benefit.
    9. For use in nominations, employment, clearances, licensing, 
contract, grant or other benefit decisions by other than the agency: 
Disclosure

[[Page 78206]]

may be made to a Federal, State, local, foreign, or tribal or other 
public authority the fact that this system of records contains 
information relevant to the nomination of a board or council member, 
retention of an employee, the retention of a security clearance, the 
letting of a contract, or the issuance or retention of a license, 
grant, or other benefit. The other agency or licensing organization may 
then make a request supported by the written consent of the individual 
for the entire record if it so chooses. No disclosure will be made 
unless the information has been determined to be sufficiently reliable 
to support a referral to another office within the agency or to another 
Federal agency for criminal, civil, administrative, personnel, or 
regulatory action.
    10. MANDATORY Routine Use--information security breaches: To 
appropriate agencies, entities, and persons when: (a) [the agency] 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the 
Department has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (c) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    11. To comply with FFATA and similar statutory requirements for 
public disclosure in situations where records reflect loans, grants, or 
other payments to members of the public: USDA will disclose information 
about individuals from this system of records in accordance with the 
Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 
109-282; codified at 31 U.S.C. 6101, et seq.); section 204 of the E-
Government Act of 2002 (Pub. L. 107B347; 44 U.S.C. 3501 note), and the 
Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.), or 
similar statutes requiring agencies to make available publicly, 
information concerning Federal financial assistance, including grants, 
sub-grants, loan awards, cooperative agreements and other financial 
assistance; and contracts, subcontracts, purchase orders, task orders, 
and delivery orders.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    To a ``consumer reporting agency'' as defined in the Fair Credit 
Reporting Act (12 U.S.C. 1681a(f) or the Federal Claims Collection 
Reporting Act of 1966 (15 U.S.C. 3701(a)(3) in accordance with section 
3711(f) of Title 31.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in paper and electronic format.

RETRIEVABILITY:
    Records are retrieved by individual's name or other unique 
identifier.

SAFEGUARDS:
    All records containing personal information are maintained in 
secured file cabinets or in restricted areas, in which access is 
limited to authorized personnel. Access to computerized data is 
password-protected and under the responsibility of the system manager 
and subordinates. The database administrator has the ability to review 
audit trails, thereby permitting regular ad hoc monitoring of computer 
usage.

RETENTION AND DISPOSAL:
    Records are maintained for a period of 5 years, as required by 7 
CFR part 6. The records are then destroyed in accordance with USDA 
procedures.

SYSTEM MANAGER AND ADDRESS:
    A System Manager manages the system for each of the following AMS 
Programs: Cotton and Tobacco, Dairy, Fruit and Vegetable, Livestock and 
Seed, Poultry, Science and Technology, Transportation and Marketing, 
Compliance and Analysis Offices, and the Information Technology 
Services Program. For general information, you may contact Douglas 
Bailey, Chief, Information Technology, USDA/ST/IT/OCIO, Mail Stop 1742, 
1400 Independence Avenue, SW., Washington, DC 20250-1064.

NOTIFICATION PROCEDURE:
    Any individual may request information concerning himself/herself 
from this system from the Office of the System Manager having custody 
of his records at the system location. Individuals seeking notification 
to access any record contained in this system of records, or seeking to 
contest its contents may submit a request in writing to Douglas C. 
Bailey, Chief Information Officer, Department of Agriculture, 
Agricultural Marketing Service, Mail Stop 0244, Room 1752-S, 1400 
Independence Avenue, SW., Washington, DC 20250-0244.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform to 
the Privacy Act regulations set forth in 7 CFR part 1. You must first 
verify your identity, meaning that you must provide your full name, 
current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain more information for this purpose from the 
Privacy Act Officer, FOIA, http://www.da.usda.gov/foia.htm, or (202) 
720-2498. In addition you should provide the following:
    <bullet> An explanation of why you believe the Department would 
have information on you;
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you;
    <bullet> Specify when you believe the record would have been 
created;
    <bullet> Provide any other information that will help the FOIA 
staff determine which AMS component agency may have responsive records;
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his or her agreement for you to access his or her records.
    Without complete information, the component(s) will not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

RECORDS ACCESS PROCEDURE:
    See the ``Notification Procedure'' above.

CONTESTING RECORD PROCEDURES:
    See the ``Notification Procedure'' above.

RECORD SOURCE CATEGORIES:
    These records contain information obtained from the individual who 
is the subject of these records and from CBP and information the 
individual provided to CBP.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(2), material in this system of records 
is exempt 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 7 CFR 1.123.

[[Page 78207]]

    5 U.S.C. 552a(d) requires that an individual be given access to, 
and the right to, amend files pertaining to him or her. Individual 
access to these files could impair investigations in progress and alert 
subjects involved in the investigations that their actions are under 
scrutiny, which may allow them the opportunity to alter their actions 
or prevent detection of any illegal actions to escape prosecution. 
Release of these records would also disclose investigative techniques 
and procedures employed by AMS and other agencies, which would hamper 
law enforcement activities.
    5 U.S.C. 552a(c)(3) requires that an accounting of disclosures be 
made available to an individual. This would impair investigations by 
alerting subjects of investigations to the existence of those 
investigations. Release of the information could result in the altering 
or destruction of documentary evidence, improper influencing of 
witnesses, and other activities that could impede or compromise the 
investigation. 5 U.S.C. 552a(e)(1) requires that only such information 
as is relevant and necessary to accomplish a purpose of the agency 
required by statute or Executive Order can be maintained. Exemption 
from this provision is required because relevance and necessity can be 
determined only after information is evaluated. Evaluation at the time 
of collection is too consuming for the efficient conduct of an 
investigation. Further, determining relevance or necessity of specific 
information in the early stages of an investigation is not possible.
    5 U.S.C. 552a(e)(4)(G) and (H), and (f) provides for notification 
and access procedures. These requirements, if followed, would 
necessarily alert subjects of investigations to the existence of the 
investigation which could impair the investigation. Access to the 
records likewise could interfere with investigative and enforcement 
proceedings; disclose confidential informants and information; 
constitute an unwarranted invasion of personal privacy of others; and 
reveal confidential investigative techniques and procedures.
    5 U.S.C. 552a(e)(4)(I), requires that categories of sources of 
records in each system be published. Application of this provision 
could disclose investigative techniques and procedures and cause 
sources to refrain from giving such information because of fear of 
reprisal, or fear of breach of promises of anonymity and 
confidentially. This would compromise the ability to conduct 
investigations.

    Dated: December 8, 2010.
Thomas J. Vilsack,
Secretary.
[FR Doc. 2010-31400 Filed 12-14-10; 8:45 am]
BILLING CODE 3410-02-P


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