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....
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
Other Popular 1997 Privacy Act Documents Documents:
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