Home > 1997 Privacy Act Documents > Privacy Act: [ USDA/FS-15] Manpower Programs, USDA/FS....Privacy Act: [ USDA/FS-15] Manpower Programs, USDA/FS....
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; (5) Disclosure in a proceeding
before a court or adjudicative body before which the agency is
authorized to appear, when the agency, or any component thereof, or
any employee of the agency in his or her official capacity, or any
employee of the agency in his or her individual capacity where the
agency has agreed to represent the employee, or 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 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; and (6) To answer Congressional inquiries made at the
request of the individual from whose record information is disclosed.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
File folders, notebooks, and computers.
Retrievability:
Records are indexed by name of licensee and/or license number.
Safeguards:
Government office buildings, locked offices, or locked file
cabinets.
Retention and disposal:
Destroy immediately when licensee is deceased, or 10 years after
license is terminated. Records are maintained in accordance with the
General Services Administration disposal schedules, as implemented by
FGIS Instruction 251.1, Records Management Program.
System manager(s) and address:
Director, Field Management Division, USDA, Federal Grain
Inspection Service, 1400 Independence Ave., SW, Washington, DC 20250.
Notification procedure:
Individuals may request information concerning themselves from
this system by submitting a written request to the System Manager.
Record access procedures:
Same as above.
Contesting record procedures:
Individuals may contest a record in the system that pertains to
them by submitting a request to the System Manager.
Record source categories:
Information in the system comes primarily from licensees and
supervisors. Additional data may be provided by investigative
personnel.
#.. USDA/FGIS-2
#....System name: USDA/FGIS-2, Investigations Undertaken by the
Government Pursuant to the U.S. Grain Standards Act of 1976, as
amended, or the Agricultural Marketing Act of 1946, as amended.
System location:
Federal Grain Inspection Service, USDA, 1400 Independence Avenue,
SW., Washington, DC 20250.
Categories of individuals covered by the system:
Individuals who are regulated by the subject Acts and who have
been investigated for possible violation 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. 71 et seq., 7 U.S.C. 1621 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
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; (2) Disclosure to the Department of Justice for use
in litigation when the agency, or any component thereof, or any
employee of the agency in his or her official capacity, or any
employee of the agency in his or her individual capacity where the
Department of Justice has agreed to represent the employee, or 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 the agency, or any component thereof, or any employee of the
agency in his or her official capacity, or any employee of the agency
in his or her individual capacity where the agency has agreed to
represent the employee, or 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
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;
and (4) To answer Congressional inquiries made at the request of the
individual from whose record information is disclosed.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in file folders and incorporated in an
automated data system.
Retrievability:
Records are indexed by subject and chronological sequence. The
subject could be the name of the individual.
Safeguards:
Government office buildings, locked offices, or locked file
cabinets.
Retention and disposal:
Records for basic investigations are retained for 5 years, unless
the investigation involves licensee conflicts of interest, then
records are to be retained for 10 years. Records are maintained in
accordance with General Services Administration disposal schedules,
as implemented by FGIS Instruction 251.1, Records Management Program.
System manager(s) and address:
Director, Compliance Division, USDA, Federal Grain Inspection
Service, 1400 Independence Avenue, SW, Washington, DC 20250.
Systems exempted from certain provisions of the act:
The system has been exempted under 5 U.S.C. 552a(k)(2) from the
requirement of 5 U.S.C. 552a (c)(3), (d), (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/FGIS-3
#....System name: USDA/FGIS-3, USDA/FGIS Subsidiary Personnel
Records.
System location:
Federal Grain Inspection Service, USDA, 1400 Independence Avenue,
SW, Washington, DC 20250, and field offices at locations listed in
the Federal Grain Inspection Service Field Office Listing
publication.
Categories of individuals covered by the system:
Present and former employees and applicants for reemployment with
the Federal Grain Inspection Service.
Categories of records in the system:
The system consists of copies of materials maintained in Official
Personnel Folders, such as personnel action documents, position
descriptions, applications for employment, education and training
data, performance and appraisal ratings, the documentation of
employee performance and proficiency, and time and attendance
reports.
Authority for maintenance of the system:
5 U.S.C. 301, 7 U.S.C. 75a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(1) For FGIS officials to review appointments, promotions,
within-grade increases, training, transfers, and determination of
qualification of an individual; (2) To prepare required records and
reports to the Office of Personnel Management, Department of Labor,
Merit Systems Protection Board, and Office of Management and Budget;
(3) 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; (4) Disclosure to the Department of Justice for use
in litigation when the agency, or any component thereof, or any
employee of the agency in his or her official capacity, or any
employee of the agency in his or her individual capacity where the
Department of Justice has agreed to represent the employee, or 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; (5) Disclosure in a proceeding before a court or
adjudicative body before which the agency is authorized to appear,
when the agency, or any component thereof, or any employee of the
agency in his or her official capacity, or any employee of the agency
in his or her individual capacity where the agency has agreed to
represent the employee, or 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
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;
and (6) To answer Congressional inquiries made at the request of the
individual from whose record information is disclosed.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored in file folders.
Retrievability:
Records are indexed by name.
Safeguards:
Government office buildings, locked offices, or locked file
cabinets.
Retention and disposal:
Records are reviewed annually and superseded documents are
destroyed; or destroy all documents relating to an individual
employee, 1 year after separation or transfer. Records are maintained
in conformance with appropriate General Services Administration
disposal schedules and implemented by FGIS Instruction 251.1, Records
Management Program.
System manager(s) and address:
Director, Resources Management Division, USDA, Federal Grain
Inspection Service, 1400 Independence Avenue, SW, Washington, DC
20250.
Notification procedure:
Individuals may request information concerning themselves from
this system by submitting a written request to the System Manager or
to their individual supervisors at the appropriate office having
custody of their records. The request for information should contain
the name and address of the requester and the particular information
requested.
Record access procedures:
Same as above.
Contesting record procedures:
Individuals may request a change or amendment of their records.
This request should be addressed to the System Manager.
Record source categories:
Information in this system is obtained 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/FGIS-4
#....System name: USDA/FGIS-4, Nonviolation Case File System on
Individuals Subject to the U.S. Grain Standards Act, as amended,
or the Agricultural Marketing Act of 1946, as amended.
System location:
Federal Grain Inspection Service, USDA, 1400 Independence Avenue,
SW., Washington, DC 20250.
Categories of individuals covered by the system:
Individuals who are regulated by the subject Acts and who have
been referenced in an investigation or other information for possible
violations of the Acts or other Federal law with respect to the
handling, weighing, or official inspection of commodities.
Categories of records in the system:
Information on individuals who are subject to the rules of the
U.S. Grain Standards Act, as amended, or the Agricultural Marketing
Act of 1946, as amended, and activities which might lead to possible
violations of these Acts or violations of other Federal law with
respect to the handling, weighing, or official inspection of
commodities.
Authority for maintenance of the system:
7 U.S.C. 71 et seq., 7 U.S.C. 1621 et seq.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(1) Use of such records will be limited to authorized personnel
of the Federal Grain Inspection Service; (2) Disclosure to the
Department of Justice for use in litigation when the agency, or any
component thereof, or any employee of the agency in his or her
official capacity, or any employee of the agency in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or 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 containd in the records that is
compatible with the purpose for which the records are collected; (3)
Disclosure in a proceeding before a court or adjudicative body before
which the agency is authorized to appear, when the agency, or any
component thereof, or any employee of the agency in his or her
official capacity, or any employee of the agency in his or her
individual capacity where the agency has agreed to represent the
employee, or 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 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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Other Popular 1997 Privacy Act Documents Documents:
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