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....


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   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 

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