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