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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   each case, the agency determines that disclosure of the records to 
   the court is a use of the information contained in the records that 
   is compatible with the purpose for which the records were collected.
       (4) Records may be disclosed in response to a request for 
   discovery or for the appearance of a witness, to the extent that what 
   is disclosed is relevant to the subject matter involved in a pending 
   judicial or administrative proceeding.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Records are stored in file folders and in computer data files at 
   the address listed under ``System location.''
     Retrievability: 
       The records filed in this system are issued a primary name and 
   case number specifying the appropriate division in AMS to which they 
   pertain. A secondary name stating the subject being investigated is 
   also issued. The records are filed in order of occurrence. Files are 
   retrieved by identifying the division, subject, and case number.
     Safeguards: 
       Records are stored in file folders and computer data files. The 
   computer data base in accessed through a procedure used by the 
   Compliance Staff. Offices containing these records are locked during 
   nonbusiness hours and when offices are otherwise vacant. All records 
   are accessible to AMS Compliance Staff.
     Retention and disposal: 
       Records are maintained and destroyed in accordance with AMS 
   Directive 270.1 ``Files Maintenance and Records Disposition 
   Handbook.'' Records are maintained for a period of three years at the 
   system location, after which they are to be disposed of by authority 
   of the National Archives and Records Administration.
     System manager(s) and address: 
       Questions or requests regarding this system can be sent to the 
   Associate Deputy Administrator for Compliance at the address listed 
   under ``System location.''
     Systems exempted from certain provisions of the act: 
       Pursuant to 5 U.S.C. 552a(k)(2), material in this system of 
   records is exempt from the rquirements 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. See 7 
   CFR 1.123. 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 time 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) provide 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.

                       Agricultural Research Service

   #..USDA/ARS-1

   #....System name: Solicitation of Bids or Proposals for Procurement 
      Contracts, USDA/ARS.

     System location: 
         Office of the Director, USDA-ARS-Contracting and Assistance 
   Division, 6303 Ivy Lane, Room 838, Greenbelt, Maryland 20770-1433

         Office of the Director, USDA-ARS-Facilities Construction 
   Management Division, 6303 Ivy Lane, Room 809, Greenbelt, Maryland 
   20770-1433

         Area Administrative Officer, USDA-ARS-Beltsville Area, NAL 
   Building, 4th Floor, Room 429, Bletsville, Maryland 20705

         Area Administrative Officer, USDA-ARS-Mid South Area, PO Box 
   225, Stoneville Road, Stoneville, Mississippi 38776.

         Area Administrative Officer, USDA-ARS-Midwest Area, 1815 North 
   University Street, Peoria, Illinois 61604.

         Area Administrative Officer, USDA-ARS-North Atlantic Area, 600 
   East Mermaid Lane, Philadelphia, Pennsylvania 19118.

         Area Administrative Officer, USDA-ARS-Northern Plains Area, 
   2625 Redwing Road, Suite 350, For Collins, Colorado 80526.

         Area Administrative Officer, USDA-ARS-Pacific West Area, 800 
   Buchanan Street, Albany, California 94710.

         Area Administrative Officer, USDA-ARS-South Atlantic Area, P.O. 
   Box 5677, College Station Road, Athens Georgia 30613.

         Area Administrative Officer, USDA-ARS-Southern Plains Area, 
   7607 Eastmark Drive, College Station, Texas 77840.

     Categories of individuals covered by the system: 
       Individuals who submit bids or proposals to furnish supplies or 
   perform services under contract with ARS.
     Categories of records in the system: 
       The system consists of files of all bids or offers received and 
   awards made in regard to solicitations issued by ARS, including 
   copies of actual bids or offers and modifications thereto, and 
   reports or statements by bidders or offerors about their financial 
   and professional or technical capabilities with respect to furnishing 
   the supplies or rendering the services described in the solicitation.
     Authority for maintenance of the system: 
       5 U.S.C. 301.
   Purpose(s): 
       This information is used by the contract specialists in the day-
   to-day administration of the contracts; in deciding courses of action 
   in the event of contractor default; and in handling congressional 
   inquiries and protests made by other competing bidders or offerors.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Records in this system may be disclosed: (1) To the Department of 
   Justice when relevant and useful for the defense of suits against the 
   United States or its officers or for the institution of suits for the 
   recovery of claims by the USDA; (2) to an appropriate agency, whether 
   Federal, State, or local, charged with the responsibility of 
   investigating or prosecuting a violation of law or rule, regulation, 
   or order issued pursuant thereto, 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 to such statute; (3) in response to a request 
   for discovery or appearance of a witness, to the extent that what is 
   disclosed is relevant to the subject matter involved in a pending 
   judicial or criminal proceeding or in response to a subpoena issued 
   in a proceeding before a court or adjudicative body, to the extent 
   that the records requested are relevant to the proceedings; and (4) 
   to a congressional office in response to an inquiry from a 
   congressional office made at the request of the individual to whom 
   the record pertains.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Records are maintained in file folders.
     Retrievability: 
       Records are indexed by solicitation number, contract number, and 
   name of contractor.
     Safeguards: 
       Records are kept in locked file cabinets and offices when not in 
   the custody of procurement officers or their subordinates.
     Retention and disposal: 
       Records are maintained until 6 years after contract termination 
   or final contract payment is made.
     System manager(s) and address: 
       Office of the Director, Contracting and Assistance Division, 
   USDA-ARS, NAL Building, 6303 Ivy Lane, Room 838, Greenbelt, Maryland 
   20770-1433;Office of the Director, Facilities Construction Management 
   Division, USDA-ARS, 6303 Ivy Lane, Room 809, Greenbelt, Maryland 
   20770-1433; or the Area Administrative Officers at the addresses 
   given herein.
     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 the System Manager.
     Record access procedures: Any individual may gain access to a 
   record in the system that pertains to him by submitting a written 
   request to the System Manager.
     Contesting record procedures: Any individual may contest a record 
   in the system that pertains to him by submitting pertinent written 
   information to the System Manager.
     Record source categories:
       Information in this system comes from the business firm or 
   individual concerned or the Small Business Administration in the case 
   of small business set-aside procurements, and previous ARS records of 
   procurement contracts in which the business firm or individual was 
   the principal party to the contract.

   #..USDA/ARS-2

   #....System name: Research Medical Records System on Patients and 
      Human Volunteers Participating in Research at the ARS Human 
      Nutrition Research Centers in Grand Forks, Beltsville, and San 
      Francisco, USDA/ARS.

     System location: USDA, ARS, Grand Forks Human Nutrition Research 
   Center, Northern Plains Area, 2420 Second Avenue North, Grand Forks, 
   North Dakota 58201; USDA, ARS, Beltsville Human Nutrition Research 
   Center, Building 308, Room 223, Beltsville Agricultural Research 
   Center, Beltsville, Maryland 20705; and USDA, ARS, Western Human 
   Nutrition Research Center, PO Box 29997, (Building 1110), Presidio of 
   San Francisco, California 94129.
     Categories of individuals covered by the system: Individuals 
   participating in human research carried out by the staffs of the 
   Laboratories of the Human Nutrition Research Centers.
     Categories of records in the system: Medical and nutritional 
   histories, medical and nutritional examinations, diagnostic and 
   treatment data, social and economic data, clinical laboratory data, 
   statistical summaries, and correspondence.
     Authority for maintenance of the system: U.S.C. 2201, 7 U.S.C. 427, 
   and 7 U.S.C. 3101 et seq.
   Purpose(s): 
       To analyze research findings and to prepare a report of the 
   findings (the identification of individuals who participate in the 
   research is not revealed in the report of research findings).
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: Records in this 
   system may be disclosed: (1) To the Department of Justice when 
   relevant and useful for the defense of suits against the United 
   States or its officers or for the institution of suits for the 
   recovery of claims by the USDA; (2) to an appropriate agency, whether 
   Federal, State, or local, charged with the responsibility of 
   investigating or prosecuting a violation of law or rule, regulation, 
   or order issued pursuant thereto, 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 to such statute; (3) in response to a request 
   for discovery or appearance, of a witness, to the extent that what is 
   disclosed is relevant to the subject matter involved in a pending 
   judicial or criminal proceeding or in response to a subpoena issued 
   in a proceeding before a court or adjudicative body, to the extent 
   that the records requested are relevant to the proceedings; and (4) 
   to a congressional office in response to an inquiry from a 
   congressional office made at the request of the individual to whom 
   the record pertains.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: Records are kept in file folders or maintained on magnetic 
   tapes, diskettes, or microfilm.
     Retrievability: Records are indexed by the name of the volunteer 
   and a number assigned to the volunteer.
     Safeguards: Records are kept in locked file cabinets and offices.
     Retention and disposal: Clinical records are maintained for a 
   period of 7 years. Scientific records are discarded at the discretion 
   of the principal investigator or research leader.
     System manager(s) and address: USDA, ARS, Grand Forks Human 
   Nutrition Research Center, Northern Plains Area, 2420 Second Avenue, 
   North, Grand Forks, North Dakota 58201; USDA, ARS, Beltsville Human 
   Nutrition Research Center, Building 308, Room 223, Beltsville 
   Agricultural Research Center, Beltsville, Maryland 20705; and USDA, 
   ARS, Western Human Nutrition Research Center, PO Box 29997, (Building 
   1110), Presidio of San Francisco, California 94129.
     Notification procedure: Any individual may request information 
   regarding this system of records or information as to whether the 
   sytem contains records pertaining to him from the System Manager.
     Record access procedures: Any individual may gain access to a 
   record in the system that pertains to him by submitting a written 
   request to the System Manager.
     Contesting record procedures: Any individual may contest a record 
   in the system that pertains to him by submitting pertinent written 
   information to the System Manager.
     Record source categories: Information in this system comes 
   primarily from the volunteer, health care personnel, other hospitals 
   and physicians, employers, and social agencies.

   #..USDA/ARS-3

   #....System name: Dosimetry Report on Individuals in USDA Required by 
      Radiological Safety Committee to Wear Radiation Exposure Measuring 
      Badges when Appropriate, USDA/ARS.

     System location: 
       Radiological Safety Staff, ARS, USDA, 6303 Ivy Lane, 5th and 
   Ground Floors, Greenbelt, Maryland 20770-1433.
     Categories of individuals covered by the system: 
       All individuals who use radioactive material and/or radiation 
   equipment which emit strong beta particles, neutrons, gamma rays, or 
   X-rays.
     Categories of records in the system: 
       The system indicates individual's name, date of birth, and social 
   security number; issue date; monthly beta, gamma, neutron, and X-ray 
   dosages; classification of dosages as deep or shallow; and cumulative 
   totals for the calendar quarter, calendar year, and lifetime.
     Authority for maintenance of the system: 
       42 U.S.C. 2111 and 42 U.S.C. 2201(b).
   Purpose(s): 
       The system permits the maintenance of a monthly and cumulative 
   record of each badge wearer's radiation exposure.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Records in this system may be disclosed: (1) To the Nuclear 
   Regulatory Commission for review, compliance, and investigation 
   purposes; (2) to a doctor, hospital, or other competent medical 
   authority in event of a medical emergency involving radiation 

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