Home > 1997 Privacy Act Documents > Privacy Act: [ USDA/AMS-4] Administrative Proceedings Brought Pursuant to the Authority of Section 8c(15)(a) of the Agricultural Marketing Agreement Act of 1937, as amended, USDA/AMS....Privacy Act: [ USDA/AMS-4] Administrative Proceedings Brought Pursuant to the Authority of Section 8c(15)(a) of the Agricultural Marketing Agreement Act of 1937, as amended, USDA/AMS....
appropriate agency, whether Federal, State, local or foreign, charged
with the responsibility of investigating or prosecuting a violation
of law, or of enforcing or implementing the statute, rule, regulation
or order issued pursuant thereto, of any record within this system
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.
Referral to a court, magistrate or administrative tribunal, or to
opposing counsel in a proceeding before any of the above, of any
record within the system which constitutes evidence in that
proceeding, or which is sought in the course of discovery.
``Disclosure may be made to a congressional office from the record of
an individual in response to an inquiry from the congressional office
made at the request of that individual.''
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Unlocked cardex file cabinets.
Retrievability: Alphabetical by name.
Safeguards: Government office building.
Retention and disposal: Records are maintained and destroyed in
accordance with retention schedule number NN 165-106 approved by the
89th Congress, first session on April 1, 1965.
System manager(s) and address: Chief, Regulatory Branch at the
address listed above.
Notification procedure: Any individual may request information
concerning himself from the system manager listed at the address
above.
Record access procedures: Any individual may obtain information as
to the procedure for gaining access to a record in the system that
pertains to him by submitting a request to the system manager at the
address above.
Contesting record procedures: Any individual may obtain
information as to the procedure for contesting a record in the system
that pertains to him by submitting a request to the system manager at
the address above.
Record source categories: Individuals, partners, and authorized
officers of corporate entities.
#.. USDA/AMS-4
#....System name: Administrative Proceedings Brought Pursuant to the
Authority of Section 8c(15)(a) of the Agricultural Marketing
Agreement Act of 1937, as amended, USDA/AMS.
System location: Agricultural Marketing Service, United States
Department of Agriculture; Washington, DC 20250 and Milk Market
Administrator's Offices at locations listed in USDA/AMS-3.
Categories of individuals covered by the system: Individuals
regulated by the subject Act who file a petition with the Secretary
of Agriculture pursuant to the authority of the subject Act.
Categories of records in the system: The system consists of
investigatory material which may include intra- and interdepartmental
recommendations.
Authority for maintenance of the system: 7 U.S.C. 601 et seq.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: (1) Referral to
the appropriate agency, whether Federal, State, local or foreign
charged with the responsibility of investigating or prosecuting a
violation of law, or of enforcing or implementing a statute, rule,
regulation or order issued pursuant thereto, of any record within
this system when information available indicates a violation of
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)
Presentation or disclosure to a court, magistrate or administrative
tribunal, or to opposing counsel in a proceeding before any of the
above, of any record within the system as evidence in a proceeding,
or which is sought in the course of discovery including disclosure to
opposing counsel in the course of settlement negotiations. (3)
Presentation, as needed, in the course of presenting evidence, to the
appropriate Government officials charged with the responsibility of
defending the Government before a court, magistrate or administrative
tribunal. (4) Disclosure may be made to a congressional office from
the record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records are maintained in file folders at the applicable
address listed above.
Retrievability: Records are indexed by name of the individual.
Safeguards: Government office buildings, locked offices, or locked
file cabinets.
Retention and disposal: Records are maintained in conformance with
appropriate General Services Administration destruction schedules and
implemented by AMS Instruction 270-1, Records Management Program.
System manager(s) and address: Fruit and Vegetable Division
Director or Dairy Division Director and each Milk Market
Administrator at the addresses cited in the System location.
Notification procedure: Any individual may request information
concerning himself from this system from Fruit and Vegetable Division
Director or from the appropriate Milk Market Administrator's office
having custody of his records. A request for information should be
addressed to Director, Fruit and Vegetable Division or to the Milk
Market Administrator, United States Department of Agriculture, as
appropriate, at the address shown under Location and should contain:
Name, address, and particular information requested.
Record access procedures: Any individual may obtain information as
to the procedures for gaining accesss to a record in the System which
pertains to him by submitting a written request to the Director,
Fruit and Vegetable Division or to the appropriate Milk Market
Administrator's office, as appropriate, referred to in the preceding
paragraph.
Contesting record procedures: Any individual may obtain
information as to the procedures for contesting a record in the
System which pertains to him by submitting a written request to the
Director, Fruit and Vegetable Division or to the appropriate Milk
Market Administrator's office referred to in the preceding paragraph.
Record source categories: Information in this system comes
primarily from witnesses, agency employees, and investigative
personnel.
#.. USDA/AMS-5
#....System name: Court Cases Brought by the Government Pursuant to
the Following Acts, as amended: Agricultural Marketing Agreement
Act of 1937, Agricultural Marketing Act of 1946, Agricultural Fair
Practices Act, Cotton Research and Promotion Act of 1966, Egg
Research and Consumer Information Act of 1974, or the Potato
Research and Promotion Act, USDA/AMS.
System location: Agricultural Marketing Service, United States
Department of Agriculture, Washington, DC 20250 and Milk Market
Administrator's Offices at the locations listed in USDA/AMS-3.
Categories of individuals covered by the system: Individuals who
are regulated by the subject Acts and who may be investigated for
possible violations of the Acts and/or against whom the Department
recommends that an enforcement action be brought by the Government.
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.
Authority for maintenance of the system: 7 USC 601 et seq, 2101 et
seq, and 2301 et seq.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: (1) Referral to
the appropriate agency, whether Federal, State, or local or foreign
charged with the responsibility of investigating or prosecuting a
violation of law, or of enforcing or implementing a statute, law,
rule, regulation or order issued pursuant thereto, of any record
within this system 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) Presentation or disclosure to a court, magistrate or
administrative tribunal, or to opposing counsel in a proceeding
before any of the above, of any record within the system as evidence
in a proceeding or which is sought in the course of discovery
including disclosure to opposing counsel in the course of settlement
negotiations. (3) Presentation, as needed, in the course of
presenting evidence, to the appropriate Government officials charged
with the responsibility of defending the Government before a court,
magistrate, or administrative tribunal. (4) Disclosure may be made to
a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of
that individual.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records are maintained in the file folders at the
applicable address listed above.
Retrievability: Records are indexed by name of the individual.
Safeguards: Government office buildings, locked offices or locked
file cabinets.
Retention and disposal: Records are maintained in conformance with
appropriate General Services Administration destruction schedules and
implemented by AMS Instruction 270-1, Records Management Program.
System manager(s) and address: Cotton, Dairy, Fruit and Vegetable,
and Livestock, Poultry, Grain, and Seed Division Directors and each
Milk Market Administrator at the addresses cited in the System
location.
Systems exempted from certain provisions of the act: This system
has been exempted pursuant to 5 USC 552a(k)(2) from the requirements
of 5 USC 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. See 7 CFR 1.123. Individual access to these
files could impair investigations and 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. Disclosure of investigative techniques
and procedures and the existence and identity of confidential sources
of information would hamper law enforcement activity.
#.. USDA/AMS-6
#....System name: Court Cases Brought Pursuant to the Authority of
the Agricultural Marketing Agreement Act of 1937, as amended in
which the Government is Defendant, USDA/AMS.
System location: Agricultural Marketing Service, United States
Department of Agriculture, Washington, DC 20250 and Milk Market
Administrator's Offices at the locations listed in USDA/AMS-3.
Categories of individuals covered by the system: Individuals
regulated or not regulated by the subject Act who bring suit against
the Government or a Government official pursuant to, or as a
consequence of the Department's administration of, the subject Act.
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
Act.
Authority for maintenance of the system: 7 USC 601 et seq.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: (1) Referral to
the appropriate agency, whether Federal, State, local or foreign
charged with the responsibility of investigating or prosecuting a
violation of law, or of enforcing or implementing a statute, rule,
regulation or order issued pursuant thereto, of any record within
this system 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)
Presentation or disclosure to a court, magistrate or administrative
tribunal, or to opposing counsel in a proceeding before any of the
above, of any record within the system as evidence in a proceeding,
or which is sought in the course of discovery including disclosure to
opposing counsel in the course of settlement negotiations. (3)
Presentation, as needed, in the course of presenting evidence, to the
appropriate Government officials charged with the responsibility of
defending the Government before a court, magistrate or administrative
tribunal. (4) Disclosure may be made to a congressional office from
the record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records are maintained in file folders at the applicable
address listed above.
Retrievability: Records are indexed by name of the individual.
Safeguards: Government office buildings, locked offices, or locked
file cabinets.
Retention and disposal: Records are maintained in conformance with
appropriate General Services Administration destruction schedules and
implemented by AMS Instruction 270-1, Records Management Program.
System manager(s) and address: Fruit and Vegetable Division
Director or Dairy Division Director and each Milk Market
Administrator at the addresses cited in the System location.
Notification procedure: Any individual may request information
concerning himself from this system from the Fruit and Vegetable
Division Director or from appropriate Milk Market Administrator's
office having custody of his records. A request for information
should be addressed to the Director, Fruit and Vegetable Division or
to the Milk Market Administrator, United States Department of
Agriculture, as appropriate, at the address shown under Location and
should contain: Name, address, and particular information requested.
Record access procedures: Any individual may obtain information as
to the procedure for gaining access to a record in the System which
pertains to him by submitting a written request to the Director,
Fruit and Vegetable Division, or to the appropriate Milk Market
Administrator's office referred to in the preceding paragraph.
Contesting record procedures: Any individual may obtain
information as to the procedures for contesting a record in the
System which pertains to him by submitting a written request to the
Director, Fruit and Vegetable Division or to the approriate Milk
Market Administrator's office referred to in the preceding paragraph.
Record source categories: Information in this system comes
primarily from witnesses, agency employees, and investigative
personnel.
#.. USDA/AMS-7
#....System name: Subsidiary Personnel and Pay Records, USDA/AMS.
System location: Agricultural Marketing Service, United States
Department of Agriculture, Washington, DC 20250 and Region, Area, and
Field Offices at locations listed in the Agricultural Marketing
Service Field Office Listing publication.
Categories of individuals covered by the system: Present and
former employees and applicants for employment with the Agricultural
Marketing Service.
Categories of records in the system: The system consists of copies
of materials maintained in Official Personnel Folders, such as
personnel action documents, applications for employment, education
and training data, performance and appraisal ratings, as well as time
and attendance reports, earnings statements, and service record
cards.
Authority for maintenance of the system: 5 U.S.C. 301
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: (1) By agency
officials for purposes of review in connection with appointments,
promotions, within-grade increases, training, transfers, and
determination of qualifications of an individual. (2) To provide
information to a prospective employer of a Federal Government
employee or former Federal Government employee or to an organization
at the request of the individual. (3) Referral to the Civil Service
Commission, Department of Labor, and Office of Management and Budget
for required records and reports. (4) Referral to the appropriate
agency, whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting a violation of law, or
of enforcing or implementing the statute, rule, regulation or order
issued pursuant thereto, of any record within this system 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. (5) Referral to a court,
magistrate or administrative tribunal, or to opposing counsel in a
proceeding before any of the above, of any record within this system
which constitutes evidence in that proceeding, or which is sought in
the course of discovery. (6) Presentation, as needed, in the course
of presenting evidence to the appropriate Government officials
charged with the responsibility of defending the Government before a
court, magistrate or administrative tribunal. (7) Disclosure may be
made to a congressional office from the record of an individual in
Other Popular 1997 Privacy Act Documents Documents:
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