80 FR 27142 - Privacy Act Systems of Records; Veterinary Services-Records of Accredited Veterinarians

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 91 (May 12, 2015)

The Animal and Plant Health Inspection Service proposes to alter an existing system of records in its inventory of record systems subject to the provisions of the Privacy Act of 1974, as amended. The system of records is Veterinary Services--Records of Accredited Veterinarians, USDA-APHIS-2. This notice is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency.

[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27142-27145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11420]


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Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / 
Notices

[[Page 27142]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2012-0103]


Privacy Act Systems of Records; Veterinary Services--Records of 
Accredited Veterinarians

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of proposed alteration to an existing Privacy Act System 
of Records; request for comment.

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SUMMARY: The Animal and Plant Health Inspection Service proposes to 
alter an existing system of records in its inventory of record systems 
subject to the provisions of the Privacy Act of 1974, as amended. The 
system of records is Veterinary Services--Records of Accredited 
Veterinarians, USDA-APHIS-2. This notice is necessary to meet the 
requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of record systems maintained by 
the agency.

DATES: Effective Date: This system will be adopted without further 
notice on June 22, 2015 unless modified to respond to comments received 
from the public and published in a subsequent notice.
    Comment Date: Comments must be received in writing on or before 
June 11, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0103.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0103, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0103 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Todd Behre, Program Coordinator, 
National Veterinary Accreditation Program, VS, APHIS, 4700 River Road, 
Unit 200, Riverdale, MD 20737; (301) 851-3403.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a), requires agencies to publish in the Federal Register 
notice of new or revised systems of records. A system of records is a 
group of any records under the control of any agency, from which 
information is retrieved by the name of an individual or by some 
identifying number, symbol, or other identifying particular assigned to 
an individual.
    The Animal and Plant Health Inspection Service (APHIS) of the 
United States Department of Agriculture (USDA) is proposing to alter a 
system of records, entitled Veterinary Services--Records of Accredited 
Veterinarians, which maintains information pertaining to veterinarians 
who are or have been accredited, or who have applied for accreditation, 
under the authority of section 10410 of the Animal Health Protection 
Act (7 U.S.C. 8309).
    Accredited veterinarians are veterinarians authorized by APHIS to 
perform certain services to control and prevent the spread of animal 
diseases within the United States and internationally. Duties may 
encompass a wide range of activities relating to companion animals, 
livestock, poultry, horses, and other animals, including issuing 
certificates of veterinary inspection and health certificates for 
animals moving interstate or internationally; participating in animal 
disease surveillance and testing activities (including surveillance for 
emerging and foreign animal diseases); diagnosing diseases in animals; 
developing herd or flock health plans; and performing veterinary tasks 
during animal disease emergencies. Veterinarians who wish to perform 
work for APHIS must become nationally accredited by APHIS and then 
authorized by APHIS to perform accredited duties in one or more 
specific States or territories.
    In order to ensure that a veterinarian's accreditation is in good 
standing and that he or she has received the appropriate level of 
training commensurate with his or her duties, APHIS maintains 
information regarding the veterinarian in the Veterinary Services--
Records of Accredited Veterinarians system. APHIS maintains information 
about accredited veterinarians in the system in accordance with the 
APHIS Records Management Handbook. Data associated with accredited 
veterinarians (including those whose accreditation has lapsed or been 
revoked) will be destroyed when 45 years old. Data will also be 
destroyed when the accredited veterinarian is deceased. The system also 
contains information about veterinarians who are applicants for 
accredited status.
    The system of records notice for this system was previously 
published at 52 FR 6031, February 27, 1987. That notice is now being 
amended to add new routine uses, to add and remove categories of 
records maintained in the system, to clarify the individuals covered, 
to add record source categories, to update the authority for the 
system, to update the location of the system and policies and 
procedures for storing, retrieving, accessing, and disposing of 
records, and updating instructions for request of records and system 
manager contact information.
    The new routine uses include:
     Disclosure to the American Association of Veterinary State 
Boards to certify accreditation or license status or exchange 
information regarding disciplinary action(s);
     Disclosure of contact information to the public for the 
purpose of locating and contacting an accredited veterinarian who has 
granted APHIS permission to provide business contact information;
     Disclosure to appropriate agencies, entities, and persons 
when the security or confidentiality of information in the system of 
records has been or may have been compromised and the disclosure is 
necessary to assist the agency in

[[Page 27143]]

responding and preventing, minimizing, or remedying harm;
     Disclosure to contractors and other parties engaged to 
assist in administering the program;
     Disclosure to contractors, partner agency employees, or 
private industry to detect fraud, waste, or abuse; and
     Disclosure to the National Archives and Records 
Administration or General Services Administration for records 
management.
    A complete listing of the routine uses of records maintained in 
this system is included in the document published with this notice.
    We are removing two categories of records: Social Security numbers 
and score on the accreditation examination. We are adding date of 
birth, email address, State in which licensed or legally able to 
practice veterinary medicine, whether business contact information may 
be provided upon request to members of the public, and categories 
providing specifics about the veterinarian's accreditation--date of 
core orientation to accreditation and State where the veterinarian 
completed the orientation, accreditation category, APHIS program 
certifications, and APHIS-approved supplemental training completed.
    We are also amending the categories of individuals covered by the 
system to clarify that the system includes information about applicants 
for accreditation, and veterinarians whose accreditation has lapsed or 
been revoked, as well as about currently accredited veterinarians.
    We are amending record source categories. While most information 
continues to be provided by the veterinarians themselves, with some 
additional source material provided by State animal health officials, 
APHIS may provide information regarding any alleged violations or 
disciplinary actions, and may add or correct other data based on its 
own information or information from State licensing or examining 
boards, the American Association of Veterinary State Boards, or the 
organization that provides accreditation training for APHIS, currently 
the Center for Food Security and Public Health at Iowa State 
University.
    We are amending our authority for maintenance of the system to the 
Animal Health Protection Act, which in 2002 replaced and consolidated a 
number of other authorizing statutes. In addition, we are updating 
information about the location of the system of records and policies 
and practices for storing, retrieving, accessing, safeguarding, 
retaining, and disposing of records in the system to reflect changes in 
where and how the files are maintained. We are also providing more 
specific instructions about how an individual may request information 
about this system or whether the system contains any records pertaining 
to him or her, how an individual may request records pertaining to him 
or her, and how an individual may contest information in the system 
pertaining to him or her. Finally, we are updating the system manager's 
title and address.

Report on Altered System

    A report on the altered system of records, required by 5 U.S.C. 
552a(r), as implemented by Office of Management and Budget (OMB) 
Circular A-130, was sent to the Chairman, Committee on Homeland 
Security and Governmental Affairs, United States Senate; the Chairman, 
Committee on Oversight and Government Reform, House of Representatives; 
and the Administrator, Office of Information and Regulatory Affairs, 
OMB.

    Done in Washington, DC, this 6th day of May 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.

System Name
    Veterinary Services--Records of Accredited Veterinarians, USDA-
APHIS-2.

Security classification:
    None.

System location:
    The application resides at USDA's Fort Collins, CO, data center. 
Spreadsheets containing data from the system may be kept temporarily at 
APHIS Veterinary Services (VS) area offices, VS regional offices in Ft. 
Collins, CO, and Raleigh, NC, and at APHIS headquarters in Riverdale, 
MD, as well as at other locations where employees work.

Categories of individuals covered by the system:
    Veterinarians accredited by APHIS to perform certain services to 
control and prevent the spread of animal diseases within the United 
States and internationally (including veterinarians whose accreditation 
has lapsed or been revoked) and veterinarians who have applied for such 
accreditation.

Categories of records in the system:
    The system contains records related to the accreditation status of 
veterinarians. The records include name; date of birth; business name; 
home and business mailing addresses, telephone numbers, and email 
address; type of employment; State in which licensed or legally able to 
practice veterinary medicine; veterinary license number; veterinary 
medical college graduated and date of graduation; States in which the 
veterinarian is authorized to perform accredited duties; species of 
animals the veterinarian treats; primary medical discipline; date of 
core orientation to accreditation and State where the veterinarian 
completed the orientation; the veterinarian's accreditation category; 
date of accreditation renewal; APHIS program certifications; APHIS-
approved supplemental training completed; whether business contact 
information may be provided to members of the public; and information 
pertaining to any alleged or adjudicated violations of accreditation 
standards, including disposition of the case.

Authority for maintenance of the system:
    The authority for maintenance of this system is section 10410 of 
the Animal Health Protection Act (7 U.S.C. 8309).

Purpose(s):
    The Veterinary Services--Records of Accredited Veterinarians System 
database will automate submission of the accreditation application, 
streamline the approval process, maintain information specific to the 
veterinarian's accreditation, maintain current contact information, and 
document alleged or adjudicated violations of accreditation standards 
by an accredited veterinarian.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, records maintained in the system may be 
disclosed outside USDA as follows:
    (1) To the State animal health official in each State, State 
veterinary examining or licensing boards, and the American Association 
of Veterinary State Boards to certify accreditation or license status 
or exchange information regarding disciplinary action(s);
    (2) To the public for the purpose of locating and contacting an 
accredited veterinarian who has granted APHIS permission to provide 
business contact information;
    (3) To the appropriate agency, whether Federal, State, local, or 
foreign, charged with responsibility of investigating or prosecuting a 
violation of law or of enforcing, implementing, or complying with a 
statute, rule, regulation, or order issued pursuant thereto, of any 
record within this system

[[Page 27144]]

when information available indicates a violation or potential violation 
of law, 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;
    (4) To the Department of Justice 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 Department of Justice has agreed to 
represent the employee; or (d) the United States 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) For use in a proceeding before a court or adjudicative body 
before which the agency is authorized to appear 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 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) To appropriate agencies, entities, and persons when: (a) The 
agency suspects or has confirmed that the security or confidentiality 
of information in the system of records has been compromised; (b) the 
agency has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, a 
risk of identity theft or fraud, or a risk of harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the agency or another agency or entity) that rely upon 
the compromised information; and (c) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the agency's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm;
    (7) To contractors and other parties engaged to assist in 
administering the program. Such contractors and other parties will be 
bound by the nondisclosure provisions of the Privacy Act;
    (8) To USDA contractors, partner agency employees or contractors, 
or private industry employed to identify patterns, trends, or anomalies 
indicative of fraud, waste, or abuse. Such contractors and other 
parties will be bound by the nondisclosure provisions of the Privacy 
Act;
    (9) To a congressional office from the record of an individual in 
response to an inquiry from the congressional office made at the 
written request of that individual; and
    (10) To the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted under 44 U.S.C. 2904 and 2906.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored in the Veterinary Accreditation Program module 
of the Veterinary Services Process Streamlining (VSPS) system. VSPS is 
a database maintained on clustered servers in a secure government-owned 
facility. Spreadsheets containing data from the system may be 
temporarily maintained as electronic files on desktop or laptop 
computers or as paper files.

Retrievability:
    Records are electronically retrieved primarily by name, national 
accreditation number, school of graduation, year of graduation, date of 
accreditation, State of accreditation, State license number, State 
where attended core orientation, accreditation status, category of 
animals worked on, type of practice, veterinary specialty, and email 
address. However, records can be retrieved by any of the categories 
that have been recorded.

Safeguards:
    The system is physically secured in a locked facility with access 
only by authorized APHIS personnel. Badges are required. Visitors must 
be accompanied by authorized staff at all times. Data is stored and 
backed up using protocols established by the Fort Collins, CO, data 
center. Access to the records in this system is limited to those 
individuals who have a need to know the information for the performance 
of their official duties and who have appropriate clearances or 
permissions. Data available to individual users is role-based, which 
further limits access. Users must have USDA eAuthentication credentials 
and sign in using authorized logins and passwords. At the login screen, 
users must acknowledge a warning banner regarding authorized uses 
before proceeding. Employees who save spreadsheets containing data from 
the system are responsible for protecting the data. Files on employees' 
computers are also protected by encryption software and login and 
password requirements. Annually, all users are required to undergo 
information security training and to sign rules of behavior. Failure to 
comply with rules of behavior can result in corrective actions, 
including written reprimands, temporary suspension from duty, 
reassignment, demotion, or termination, suspension of system 
privileges, and possible criminal prosecution.

Retention and disposal:
    In accordance with the APHIS Records Management Handbook, the data 
associated with accredited veterinarians (including those whose 
accreditation has lapsed or been revoked) will be destroyed when 45 
years old. Data will also be destroyed when the accredited veterinarian 
is deceased.

System manager(s) and address:
    Information Technology Coordinator, Office of the Associate Deputy 
Administrator, Surveillance, Preparedness, and Response Services, 
Veterinary Services, APHIS, 4700 River Road, Unit 33, Riverdale, MD 
20737.

Notification procedure:
    Any individual may request general information regarding this 
system of records or information as to whether the system contains 
records pertaining to him/her from the system manager at the address 
above. All inquiries pertaining to this system should be in writing, 
must name the system of records as set forth in the system notice, and 
must contain the individual's name, telephone number, address, and 
email address.

Record access procedures:
    Any individual may obtain information from a record in the system 
that pertains to him or her. Requests for hard copies of records should 
be in

[[Page 27145]]

writing, and the request must contain the requesting individual's name, 
address, name of the system of records, timeframe for the records in 
question, any other pertinent information to help identify the file, 
and a copy of his/her photo identification containing a current address 
for verification of identification. All inquiries should be addressed 
to the Freedom of Information and Privacy Act Staff, Legislative and 
Public Affairs, APHIS, 4700 River Road, Unit 50, Riverdale, MD 20737-
1232.

Contesting record procedures:
    Any individual may contest information contained within a record in 
the system that pertains to him/her by submitting a written request to 
the system manager at the address above. Include the reason for 
contesting the record and the proposed amendment to the information 
with supporting documentation to show how the record is inaccurate.

Record source categories:
    Most information is submitted by the individual veterinarian. APHIS 
may also obtain information from State animal health officials, State 
licensing and examining boards, the American Association of Veterinary 
State Boards, the organization that provides accreditation training for 
APHIS, and other APHIS records.

Exemptions claimed for the system:
    The portions of this system that 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 1.123. 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 
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 the Freedom of Information and Privacy Act Staff, Legislative and 
Public Affairs, APHIS, 4700 River Road, Unit 50, Riverdale, MD 20737-
1232.

[FR Doc. 2015-11420 Filed 5-11-15; 8:45 am]
 BILLING CODE 3410-34-P