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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   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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