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....
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 and on file cards
at the applicable addresses 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 disposal schedules and
inplemented by AMS Instruction 270-1, Records Management Program.
System manager(s) and address: Personnel Division Director.
Notification procedure: Any individual may request information
concerning himself from this system from the Personnel Division
Director or from the individual's supervisor at the appropriate
office having custody of his records. A request for information
should be addressed to Director, Personnel Division or to the
Officer-in-Charge, 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 access to a record in the System which
pertains to him by submitting a written request to the Director,
Personnel Division or to the appropriate Officer-in-Charge 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, Personnel Division or to the appropriate Officer-in-Charge
referred to in the preceding paragraph.
Record source categories: Information in this System comes from
the individual to whom it applies or is derived from information the
individual supplied except information provided by agency officials
on performance, appraisal, pay, leave, and allowance records.
#.. USDA/AMS-8
#....System name: Court Cases Brought by the Government Pursuant to
the Following Acts: Agriculutral Marketing Act of 1946, Egg
Products Inspection Act.
System location:
Agricultural Marketing Service, U.S. Department of Agriculture,
14th & Independence Avenue, SW, Washington, DC 20250.
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 U.S.C. 1621 et seq., and 1031 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 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.
System manager(s) and address:
Poultry Division Director at the address cited in the System
location.
System exempted from certain provision of the act:
This system has been exempted pursuant to 5 U.S.C. 552a(k)(2)
from the requirements of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(g),
(h), 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 to 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-9
#....System name: Persons Engaged in Business as Livestock Market
Agencies and Dealers under the Provisions of the Packers and
Stockyards Act, USDA/AMS.
System location: Registrations, Bonds, and Reports Branch,
Livestock Marketing Division, Packers and Stockyards Agricultural
Marketing Service, United States Department of Agriculture,
Washington, DC. Also duplicate files for specific geographical
regions maintained in the thirteen (13) Regional Supervisory Offices
of P&S.
Categories of individuals covered by the system: Individuals who
have applied for registration or are registered as livestock market
agencies and dealers under the Packers and Stockyards Act.
Categories of records in the system: The system consists of index
cards bearing the names of individuals who are registered under the
provisions of the Act. Also cross-reference cards bearing the names
of individuals who are owners or officers of registrant firms. From
the index cards access may be gained to other systems of records
identified as follows: (1) Registration Record Cards, (2) Case Record
Cards, (3) Bond Claim Record Cards, (4) Registration Jurisdictional
Files and (5) Stockyard Jurisdictional Files.
Authority for maintenance of the system: 7 U.S.C. 181 et. seq.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: To answer
inquiries from Federal and State agencies, livestock trade
organizations, and others having a definite and proved interest in
such records.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records are maintained in card file cabinets and file
folders at the applicable address listed above.
Retrievability: All index cards are maintained in an alphabetical
order by name of registrant and by name of owners or officers of
registrant firms.
Safeguards: Records are kept in locked cabinets under the
supervision of competent personnel.
Retention and disposal: All files mentioned are maintained during
active life of registration. When rendered inactive records are
maintained for a period of two years in accordance with an approved
records disposition schedule.
System manager(s) and address: Chief, Registrations, Bonds and
Reports Branch, Livestock Marketing Division, Packers and Stockyards,
Agricultural Marketing Service, USDA, Washington, DC 20250.
Notification procedure: Any individual may request information
regarding this system of records or information as to whether the
system contains records pertaining to him from System Manager,
Telephone (202-447-4615 or 16). A request for information pertaining
to an individual should contain that individual's full name, and
current mailing address.
Record access procedures: Any individual desiring to gain access
to a record maintained in the system which pertains to him may do so
by submitting a written request to the appropriate official referred
to in the preceding paragraph.
Contesting record procedures: Use same procedures as followed in
seeking access.
Record source categories: Information in this system comes
primarily from individuals who make application for registration or
who are registered under the Packers and Stockyards Act, 1921, as
amended. A limited amount of information in the system is obtained
from other sources such as corporate surety companies, persons acting
as trustee on bonds or bond equivalents and Packers and Stockyards
Regional Supervisory personnel.
#.. USDA/AMS10
#....System name: Poultry Grading/Inspection Monitoring System.
System location:
USDA, Washington Computer Center, Washington, DC 20250.
Categories of individuals covered by the system:
Poultry Grading Branch and State employees licensed to grade and/
or inspect poultry and/or poultry products.
Categories of records in the system:
Information on the condition of the plant and comparative grading
and examinations peformed by the grader/inspector and the supervisor.
The information is taken from Poultry Division forms, Employee's
Performance Record, Daily Report of Egg Drying Activities, and Daily
Report of Plant Operations.
Authority for maintenance of the system:
The Agricultural Marketing Act of 1946 (60 Stat. 1037, as
amended; 7 U.S.C., Section 1621 et seq.), and the Egg Products
Inspection Act of 1970 (84 Stat. 1620 et seq., 21 U.S.C., Sections
1031-1056).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The use of records will be limited to Poultry Division employees
involved in the management of the grading/inspection programs. This
includes the Branch Chief and Assistant to the Director, and the
National Technical Supervisors. Selected reports will be sent to
regional directors. The system will be used to identify problem areas
in the grading/inspection of products. This will include employee/
supervisory/ plant performance on an area, regional, and national
level. The system will also be used to develop percentages and
statistics relating to grade standard tolerances.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders; computer disk; computer paper
printouts.
Retrievability:
Records are indexed and accessed by social security number or a
selected number for a particular individual and region.
Safeguards:
Each regional office has a separate logo identification and
password to the computer for input. Reports are run by the national
office. Paper records and printouts will be maintained in locked file
cabinets or locked offices.
Retention and disposal:
Automated records will be deleted after 2 years. Printouts will
be destroyed after 2 years. Daily Report of Plant Operation and
Reports of Egg Drying Operations will be destroyed after 1 year.
Employee's Performance Record will be destroyed after 3 years.
System manager(s) and address:
Chief, Poultry Grading Branch, Poultry Division, USDA, AMS,
Washington, DC 20250.
Notification procedure:
Individuals may request information concerning their records by
contacting the system manager.
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/her
from the system manager.
Contesting record procedures:
Any individual may obtain information as to the procedure for
contesting a record in the system that pertains to him/her from the
system manager.
Record source categories:
Information contained in the system is obtained from Federal
Grading Branch employees, licensed State employees, and their Federal
supervisors.
#.. USDA/AMS-11
#....System name: AMS Office of Compliance Review Cases.
System location:
U.S. Department of Agriculture, Agricultural Marketing Service,
Office of Compliance, Room 3529-S, 14th and Independence Ave., SW,
Washington, DC 20250.
Categories of individuals covered by the system:
AMS employees, such as commodity graders, inspectors,
supervisors; various industry Committee or Board members and/or
managers; employees of various industry organizations; and any other
individuals involved in a review or investigation as an alleged
violator or otherwise the subject of a review or investigation.
Categories of records in the system:
The system consists of investigatory files regarding cases
involving the AMS Office of Compliance. These files contain reports
by AMS Compliance and other investigative entities such as the Office
of the Inspector General, USDA. They also contain evidence gathered
in the course of reviews and investigations, as well as intra and
interdepartmental recommendations. The records system also includes a
tracking system maintained by computer which provides current status
reports on all cases involving the Agency.
Authority for maintenance of the system:
The Office of Compliance is responsible for compliance activities
pertaining to programs administered by AMS authorized by the
legislation listed in 7 CFR 2.50.
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
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
regualtory in nature, and whether arising by general statute or
particular program statute, or by rule, regulation, or order issued
pursuant thereto;
(2) Referral 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; or (c) any employee of the agency in his or
her individual capacity where the Department of Justice has agreed to
represent the employee; 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) Disclosure in a proceeding before a court or adjudicative
body before which the agency is authorized to appear, 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, 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 agency determines that use of such records is
relevant and necessary to the litigation, provided, however, that in
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