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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   investigative, prosecuting, or enforcement agencies, when information 
   available indicates a violation or potential violation of law, 
   general statute, particular program statute, rule, regulation or 
   order, whether civil, criminal or regulatory in nature.
       (2) Disclosure to the DOJ for use in litigation when: (a) The 
   Agency, or any component thereof; or (b) any employee of the Agency 
   or his or her official capacity where the Department of Justice has 
   agreed to represent the employee; or (c) the United States 
   Government, is a party to litigation or has an interest in such 
   litigation; and by careful review, the Agency determines that the 
   records are both relevant and necessary to the litigation and the use 
   of such records by the DOJ is therefore deemed by the Agency to be 
   for a purpose that is compatible with the purpose for which the 
   records were collected.
       (3) Disclosure to a court or adjudicative body in a proceeding 
   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 
   Government, is a party to litigation or has an interest in such 
   litigation, and by careful review, the Agency determines that the 
   records are both relevant and necessary to the litigation and the use 
   of such records is therefore deemed by the Agency to be for a purpose 
   that is

[[Page 57700]]

   compatible with the purpose for which the Agency collected the 
   records.
       (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.
       (5) Information contained in this system of records may be 
   disclosed to a debt collection agency when USDA determines such 
   referral is appropriate for collecting the debtor's account as 
   provided for in US Government contracts with collection agencies 
   executed pursuant to 31 U.S.C. 3718.
       (6) Where prior collection efforts have failed, the USDA will 
   refer to the Department of the Treasury information from this system 
   of records concerning past due legally enforceable debts for offset 
   against tax refunds that may become due the debtors for the tax year 
   in which referral is made in accordance with IRS regulations at 26 
   CFR 301.6402-6T, offset of past-due Legally Enforceable Debt Against 
   Overpayment, and under the authority contained in 31 U.S.C. 3720A
       (7) Information contained in this system of records may be 
   disclosed to a consumer reporting agency in accordance with 31 U.S.C. 
   3711(f).
       (8) Information contained in this system of records, related to 
   non-tax debts or claims that are delinquent for 180 days, will be 
   sent to the Department of the Treasury or to other Federal agencies 
   designated by the Secretary of the Treasury for the purpose of 
   offsetting Federal payments to collect delinquent debts, owed to the 
   Federal Government. Records will be matched by Taxpayer 
   Identification Number (TIN) and name. For an individual, the TIN is 
   the social security number. For a business, the TIN is the Employer 
   Identification Number. The release of this information is in 
   accordance with 31 U.S.C. 3716 and 4 CFR part 102.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:  
     Storage: 
       Case files are maintained in file folders in file drawers, 
   computer printouts, magnetic tape, and in the databases in the 
   Investigative and Enforcement Services Tracking System.
     Retrievability: 
       Records can be accessed by alleged violator's name, name of 
   business if other than alleged violator's name, and violation case 
   number.
     Safeguards: 
       Records, both paper and electronic, are accessible only to 
   authorized personnel. Multiple security measures are in place to 
   prevent outsiders from entering the system.
     Retention and disposal: 
       Records are transferred to the Federal Records Center for storage 
   and disposition in accordance with General Services Administration 
   regulations. Master history and magnetic tapes are retained in 
   accordance with tape library management schedule.
     System manager(s) and address: 
       Director, Investigative and Enforcement Services, USDA, APHIS, 
   4700 River Road, Riverdale, MD 20737-1232.
     Notification procedure: 
       Any individual may request information regarding this system of 
   records or request information on whether the system contains records 
   pertaining to him/her from the system manager. A request for 
   information pertaining to an individual should be in writing and 
   should contain: name, address, social security number or assigned 
   vendor number, and particulars involved.
     Record access procedures: 
       Any individual may obtain information from a record in the system 
   which pertains to him/her by submitting a written request to the 
   Privacy Act Officer, LPA, USDA, APHIS, 4700 River Road, Riverdale, 
   MD, 20737-1232.
     Contesting record procedures: 
       Any individual may contest information contained within a record 
   in the system which pertains to him/her by submitting a written 
   request to the system manager.
     Record source categories: 
       Information in this system comes primarily from USDA employees or 
   other investigative personnel.
     Exemptions claimed for the system:
       This system has been exempted pursuant to 5 U.S.C. 552(a)(k)(2) 
   from the requirements of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 
   (H), and (I) and (f). See 7 CFR 1.23. Individual access to these 
   records would 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. Any individual who believes, however, 
   that he or she has been denied any right, privilege or benefit for 
   which he or she would otherwise be eligible as a result of the 
   maintenance of such material may request access to the material. Such 
   requests should be addressed to the APHIS Privacy Act Officer, LPA, 
   USDA, APHIS, 4700 River Road, Riverdale, MD 20737-1232.

   #.. USDA/APHIS-2

   #....System name: Veterinary Services--Records of Accredited 
      Veterinarians, USDA/APHIS.

     System location: 
       Veterinary Services Program, USDA/APHIS, Room 828AA Federal 
   Building, Hyattsville, MD 20782.
     Categories of individuals covered by the system: 
       Private veterinary practitioners who are accredited by the 
   Federal and State governments to issue health certificates for the 
   interstate and international movement of livestock and participate in 
   cooperative State/Federal animal health programs.
     Categories of records in the system: 
       (1) Record includes name of accredited veterinarian, social 
   security number, mailing address, phone number, type of practice, 
   State in which accredited State license number, college and date of 
   graduation, and score on accreditation examination. (2) Record also 
   includes material pertaining to alleged violations of accreditation 
   standards. If allegations are proven true the record includes the 
   disposition of the case which may be revocation of accreditation.
     Authority for maintenance of the system: 
       21 U.S.C. 105, 111-114a-1, 116, 125, 134b, 134f.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (1) Referral to State Animal Health officials to certify that a 
   particular individual is indeed accredited. (2) Referral to State 
   veterinary examining boards to certify that a particular individual 
   is indeed accredited. (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. (6) 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 electronically stored at the Washington Computer 
   Center.
     Retrievability: 
       Records are electronically retrieved by alphabetized names and 
   social security numbers.
     Safeguards: 
       The computer files and tapes are kept in a safeguarded 
   environment with access only by authorized personnel.
     Retention and disposal: 
       Records are maintained for the individual's lifetime or until no 
   longer licensed.
     System manager(s) and address: 
       Deputy Administrator, Veterinary Services, USDA/APHIS, 14th & 
   Independence Avenue, SW, Washington, DC 20250.
     Notification procedure: 
       All inquiries should be addressed to:
       APHIS Privacy Act Coordinator, Office of the Administrator, USDA/
   APHIS, Room 732 Federal Building, 6505 Belcrest Road, Hyattsville, MD 
   20782.
     Record access procedures: 
       All inquiries should be addressed to the APHIS Privacy Act 
   Coordinator.
     Contesting record procedures: 
       All inquiries should be addressed to the APHIS Privacy Act 
   Coordinator.
     Record source categories: 
       Material is transcribed from documents submitted by the 
   individual. Material is verified by State and Area Animal Health 
   Officials which sometimes results in additional source material 
   submitted by such officials.
     Systems exempted from certain provisions of the act: 
       The portions of this system which consist of investigatory 
   material compiled for law enforcement purposes have been exempted 
   pursuant to 5 U.S.C. 552a(k)(2) from the provisions of 5 U.S.C. 
   552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). See 7 CFR 
   1.23. Individual access to these records would 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. Any individual who 
   feels, however, that he has been denied any right, privilege or 
   benefit for which he would otherwise be eligible as a result of the 
   maintenance of such material may request access to the material. Such 
   requests should be addressed to: APHIS Privacy Act Coordinator, 
   Office of the Administrator, USDA/APHIS, Room 732 Federal Building, 
   6505 Belcrest Road, Hyattsville, MD 20782.

   #.. USDA/APHIS-6

   #....System name: Veterinary Services--Brucellosis Information System 
      and Brucellosis Recording and Reporting System, USDA/APHIS.

     System location: 
       The Brucellosis Information System--U.S. Department of 
   Agriculture, Fort Collins Computer Center, Colorado, and each of the 
   various States. The Brucellosis Recording and Reporting System--
   Federal and State area offices; Federal Regional Offices; and 
   Hyattsville, Maryland.
     Categories of individuals covered by the system: 
       Herd owners whose animals or herds are tested, studied, or 
   restricted because of brucellosis; livestock markets; slaughter 
   establishments; and livestock dealers (including agents and brokers) 
   handling livestock covered by the program; milk processing plants 
   receiving milk or cream from dairy farms; laboratories conducting 
   brucellosis program tests or procedures; State, Federal, and 
   contractual personnel engaged in program activities.
     Categories of records in the system: 
       Information on herds and individual animals tested, studied, or 
   restricted under the brucellosis program; epidemiologic studies; 
   animals, specimens, or premises sampled, identified, inspected, 
   tested, handled, or restricted under the brucellosis program by 
   State, Federal or contractual personnel; animal identification, 
   health and movement data of animals covered under program activities 
   for traceback of disease from livestock markets, slaughter plants, 
   and livestock dealers or livestock brokers or commission firms; milk 
   and cream samples and related identification data for brucellosis 
   testing from milk processing plants receiving fresh farm milk; and 
   brucellosis test data from laboratories approved to do brucellosis 
   program testing.
     Authority for maintenance of the system: 
       21 U.S.C. 111, 112, 114, 114a-1, 115, 120, 121, 125, 134a-134f 
   and title 9, Code of Federal Regulations, part 51 and part 78.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Records maintained in the computer system will be routinely used 
   by the Federal and State government personnel for: (1) Detecting the 
   foci of infection to reduce the rate of spread of infection to new 
   herds; (2) evaluating brucellosis program activities of State, 
   Federal, and contractual personnel; (3) preparing mailing labels and 
   preaddressed forms to enhance field activities; (4) evaluating 
   program effectiveness; (5) detecting factors of epidemiologic 
   importance in containing or eliminating foci of infected herds; (6) 
   assuring that brucellosis indemnities are promptly and properly paid; 
   (7) notification of livestock owners with the animals at high risk of 
   exposure to brucellosis because of livestock movements or an outbreak 
   of disease or presence of quarantined premises in a community; (8) 
   referral to the appropriate agency, whether Federal, State, local, or 
   foreign, charged with responsibility of investigating or prosecuting 
   a violation of law concerning animal disease control and eradication, 
   or of enforcing or implementing a 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 concerning animal disease control and eradication, whether civil, 
   criminal, or regulatory in nature, and either arising by general 
   statute or particular program statute, or by rule, regulation, or 
   court order issued pursuant thereto; (9) litigation by the Department 
   of Justice 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; (10) use 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 

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