83 FR 10423 - Privacy Act of 1974; System of Records

DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture

Federal Register Volume 83, Issue 47 (March 9, 2018)

In accordance with the Privacy Act of 1974, the Department of Agriculture (``USDA''), National Institute of Food and Agriculture (``NIFA'') is revising one Privacy Act system of records titled, ''Veterinary Medicine Loan Repayment Program Records System, USDA/NIFA- 1'' published on 12/13/2010 to update the system location, categories of records, authorities, purposes, routine uses, and record sources.

[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10423-10427]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04759]


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                                                Federal Register
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Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / 
Notices

[[Page 10423]]



DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture


Privacy Act of 1974; System of Records

AGENCY: National Institute of Food and Agriculture, United States 
Department of Agriculture.

ACTION: Notice of a revised system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Agriculture (``USDA''), National Institute of Food and Agriculture 
(``NIFA'') is revising one Privacy Act system of records titled, 
''Veterinary Medicine Loan Repayment Program Records System, USDA/NIFA-
1'' published on 12/13/2010 to update the system location, categories 
of records, authorities, purposes, routine uses, and record sources.

DATES: Submit comments on or before April 9, 2018. The revisions to 
this system will be effective April 9, 2018.

ADDRESSES: You may submit comments, identified by [Docket No. 2018-
0001] by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the text ``VMLRP 
System of Records'' in the subject line of the message.
     Fax: (202) 401-7752.
     Mail: Joseph Perez; Program Analyst, Office of Grants and 
Financial Management; National Institute of Food and Agriculture, 
Department of Agriculture, STOP 2272, 1400 Independence Avenue SW, 
Washington, DC 20250-2272.
     Hand Delivery/Courier: Joseph Perez; Program Analyst, 
Office of Grants and Financial Management; National Institute of Food 
and Agriculture; Department of Agriculture; Room 2302, Waterfront 
Centre; 800 9th Street SW, Washington, DC 20024.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Joseph Perez, Program Analyst, Office of Grants and Financial 
Management, National Institute of Food and Agriculture, Department of 
Agriculture, STOP 2272, 1400 Independence Avenue SW, Washington, DC 
20250-2272; Voice: 202-401-3486; Fax: 202-401-6158; Email: 
[email protected]. For privacy issues, please contact: Marj Leaming, 
USDA Privacy Officer, Policy, E-Government and Fair Information 
Practices, Office of the Chief Information Officer, USDA, 1400 
Independence Avenue SW, Room 450-W, Washington, DC 20250; telephone 
202-205-0926.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, Veterinary Medicine 
Loan Repayment Program, USDA/NIFA-1, is being revised. The purpose of 
this revision to the system of records is to update the system 
location, add additional categories of records maintained in this 
system, add additional purposes for this system, update the authorities 
to add 31 U.S.C. 7701 and delete 26 U.S.C. 6109, and add one additional 
record source.
    NIFA has made editorial changes to Routine Use I concerning the 
parent locator service for clarification. In addition, four routine 
uses were added as follows:
     Routine Use U. was added for disclosure of records to 
other federal agencies, entities, or persons when a breach is suspected 
or confirmed to prevent, minimize or remedy any harm.
     Routine Use V. was added to permit another federal agency 
or federal entity to investigate breaches and remedy risk to 
individuals.
     Routine Use W. was added for disclosure for contractors to 
assist in administering the program.
     Routine Use X. was added for disclosure to credit bureaus 
to conduct identity proofing.
    One routine use was revised as follows:
     Routine Use F, was revised to require the entities listed 
to maintain PA safeguards with respect to the records
    The entire notice is republished for the convenience of the public.
    Consistent with USDA's information sharing mission, information 
stored in the ``Veterinary Medicine Loan Repayment Program Records 
System, USDA/NIFA-1'' may be shared with other USDA components, as well 
as appropriate Federal, State, local, tribal, foreign, or international 
government agencies as permitted by the Privacy Act. This sharing will 
only take place after USDA determines that the receiving component or 
entity has a need to know the information to carry out national 
security, law enforcement, immigration, intelligence, or other 
functions consistent with the routine uses set forth in this system of 
records notice or the provisions of the Privacy Act.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and lawful 
permanent residents.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals

[[Page 10424]]

to more easily find such files within the agency.
    Below is the description of the Veterinary Medicine Loan Repayment 
Program system of records, USDA/NIFA-1.
    In accordance with 5 U.S.C. 552a(r), USDA has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

    Dated: December 27, 2017.
Sonny Ramaswamy,
Director, National Institute of Food and Agriculture, U.S. Department 
of Agriculture.
SYSTEM NAME AND NUMBER:
    Veterinary Medicine Loan Repayment Program (VMLRP) Record System, 
USDA/NIFA-1.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Records are maintained at National Institute of Food and 
Agriculture (NIFA), Department of Agriculture (USDA), 800 9th Street 
SW, Washington, DC 20024.

SYSTEM MANAGER:
    Program Coordinator, Division of Animal Systems, National Institute 
of Food and Agriculture, Department of Agriculture, 1400 Independence 
Avenue SW, Washington, DC 20250.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    7 U.S.C. 3151a; 28 U.S.C. 3201; 31 U.S.C. 7701.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to: (1) Identify and select 
applicants for the Veterinary Medicine Loan Repayment Program (VMLRP); 
(2) monitor loan repayment activities, such as payment tracking, 
deferment of service obligation, and default; (3) compile and generate 
statistical reports (4) respond to inquiries from Program applicants 
and participants, their qualified representatives, and Congressional 
representatives and (5) assist NIFA officials in the collection of 
overdue debts owed under the VMLRP. Records may be transferred to 
``Administrative Billings and Collections, National Finance Center, 
Office of the Chief Financial Officer, USDA, for debt collection 
purposes when NIFA officials are unable to collect overdue debts owed 
under the VMLRP.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include: 
Individuals who have applied for, who have been approved to receive, 
are receiving, and have received funds under the VMLRP; and individuals 
who are interested in participation in the VMLRP.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system include: Name, address, Social 
Security number, program application and associated forms (which 
includes reports and surveys), service pay-back obligations, employment 
data, professional performance and credentialing history of licensed 
veterinarians; personal, professional, and demographic background 
information; standard veterinary school expected expenses; financial 
data including loan balances, deferment, forbearance, and repayment/
delinquent/default status information; commercial credit reports; 
educational data including tuition and other related educational 
expenses; educational data including academic program and status; 
employment status verification (which includes certifications and 
verifications of continuing participation in qualified service); 
Federal, State and county tax related information, including copies of 
tax returns, correspondence to and from Program applicants and 
participants and/or their representatives.

RECORD SOURCE CATEGORIES:
    Records are obtained by subject individual; participating lending 
and loan servicing institutions; educational and grantee institutions; 
other Federal agencies; consumer reporting agencies/credit bureaus; 
National Student Clearinghouse; employers of subject individuals 
currently participating in VMLRP; and third parties that provide 
references concerning the subject individual.

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, all or a portion of the records or 
information contained in this system may be disclosed outside USDA as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including United States 
Attorney Offices, or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. USDA or any component thereof;
    2. Any employee of USDA in his/her official capacity;
    3. Any employee of USDA in his/her individual capacity where DOJ or 
USDA has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and USDA determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which USDA 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
written request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. NIFA suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. USDA has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by USDA or another agency or entity) or harm to the 
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with USDA's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for USDA, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to USDA officers and employees. Before entering into such a 
contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.

[[Page 10425]]

    G. To an appropriate Federal, State, Tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations, whether arising by general statute or 
particular program statute, or by regulation, rule or order issued 
pursuant thereto if the information disclosed is relevant to any 
enforcement, regulatory, investigative, or prosecutive responsibility 
of the receiving entity.
    H. USDA will disclose information about individuals from this 
system of records in accordance with the Federal Funding Accountability 
and Transparency Act of 2006 (Pub. L. 109-282; codified at 31 U.S.C. 
6101, et seq.); section 204 of the E-Government Act of 2002 (Pub. L. 
107-347; 44 U.S.C. 3501 note), and the Office of Federal Procurement 
Policy Act (41 U.S.C. 403 et seq.), or similar statutes requiring 
agencies to make available publicly information concerning Federal 
financial assistance, including grants, subgrants, loan awards, 
cooperative agreements and other financial assistance; and contracts, 
subcontracts, purchase orders, task orders, and delivery orders.
    I. NIFA may disclose the name and current address of an individual 
to the parent locator service of the Department of Health and Human 
Services or other authorized person pursuant to 42 U.S.C. 653. J. NIFA 
may disclose information from this system of records to private parties 
such as present and former employers, references listed on applications 
and associated forms, other references and educational institutions, as 
necessary to evaluate an individual's professional and or academic 
accomplishments and plans, performance, credentials, and educational 
background, and to determine if an applicant is suitable for 
participation in the VMLRP.
    K. NIFA may disclose from this system of records a delinquent 
debtor's or a defaulting participant's name, address, Social Security 
number, and other information necessary to identify him/her; the 
amount, status, and history of the claim, and the agency or program 
under which the claim arose, as follows:
    1. To another Federal agency so that agency can affect a salary 
offset for debts owed by Federal employees; if the claim arose under 
the Social Security Act, the employee must have agreed in writing to 
the salary offset.
    2. To another Federal agency so that agency can affect an 
authorized administrative offset; i.e., withhold money, other than 
Federal salaries, payable to or held on behalf of the individual.
    3. To the Treasury Department, Internal Revenue Service (IRS), to 
request an individual's current mailing address to locate him/her for 
purposes of either collecting or compromising a debt or to have a 
commercial credit report prepared.
    L. NIFA may disclose information from this system of records to 
another agency that has asked the USDA to affect a salary or 
administrative offset to help collect a debt owed to the United States. 
Disclosure is limited to the individual's name, address, Social 
Security number, and other information necessary to identify the 
individual, information about the money payable to or held for the 
individual, and other information concerning the offset.
    M. NIFA may disclose to the IRS information about an individual 
applying for the VMLRP to find out whether the applicant has a 
delinquent tax account. This disclosure is for the sole purpose of 
determining the applicant's creditworthiness and is limited to the 
individual's name, address, Social Security number, other information 
necessary to identify him/her, and the program for which the 
information is being obtained.
    N. NIFA may report to the IRS, as taxable income, the written-off 
amount of a debt owed by an individual to the Federal Government when a 
debt becomes partly or wholly uncollectible, either because the time 
period for collection under statute or regulations has expired, or 
because the Government agrees with the individual to forgive or 
compromise the debt.
    O. NIFA may disclose to debt collection agents, other Federal 
agencies, and other third parties who are authorized to collect a 
Federal debt, information necessary to identify a delinquent debtor or 
a defaulting participant. Disclosure will be limited to the 
individual's name, address, Social Security number, and other 
information necessary to identify him/her; the amount, status, and 
history of the claim, and the agency or program under which the claim 
arose.
    P. NIFA may disclose information from this system of records to any 
third party that may have information about a delinquent debtor's or a 
defaulting participant's current address, such as a U.S. post office, a 
State motor vehicle administration, a university's office of the 
registrar or dean's office, a professional organization, an alumni 
association, etc., for the purpose of obtaining the individual's 
current address. This disclosure will be strictly limited to 
information necessary to identify the individual, without any reference 
to the reason for the agency's need for obtaining the current address.
    Q. NIFA may disclose information from this system of records to 
other Federal agencies that also provide loan repayment at the request 
of these Federal agencies in conjunction with a matching program 
conducted by these Federal agencies to detect or curtail fraud and 
abuse in Federal loan repayment programs, and to collect delinquent 
loans or benefit payments owed to the Federal Government.
    R. NIFA will disclose from this system of records to the Department 
of Treasury, IRS: (1) A delinquent debtor's or a defaulting 
participant's name, address, Social Security number, and other 
information necessary to identify the individual; (2) the amount of the 
debt; and (3) the program under which the debt arose, so that the IRS 
can offset against the debt any income tax refunds which may be due to 
the individual.
    S. NIFA may disclose information provided by a lender or 
educational institution to other Federal agencies, debt collection 
agents, and other third parties who are authorized to collect a Federal 
debt. The purpose of this disclosure is to identify an individual who 
is delinquent in loan or benefit payments owed to the Federal 
Government and the nature of the debt.
    T. NIFA may disclose records to USDA contractors and subcontractors 
for the purpose of recruiting, screening, and matching veterinarians 
for employment in qualified shortage area positions under the VMLRP. In 
addition, USDA contractors and subcontractors:
    1. May disclose biographic data and information supplied by 
potential applicants.
    (a) To references listed on application and associated forms for 
the purpose of evaluating the applicant's professional qualifications, 
experience, and suitability, and
    (b) to a State or local government veterinary medical licensing 
board and/or to the American Association of Veterinary State Boards or 
a similar nongovernmental entity for the purpose of verifying that all 
claimed background and employment data are valid and all claimed 
credentials are current and in good standing;
    2. May disclose biographic data and information supplied by 
references listed on application and associated

[[Page 10426]]

forms to other references for the purpose of inquiring into the 
applicant's professional qualifications and suitability; and
    3. May disclose professional suitability evaluation information to 
NIFA officials for the purpose of appraising the applicant's 
professional qualifications and suitability for participation in the 
VMLRP.
    Contractors maintain, and are also required to ensure that 
subcontractors maintain, Privacy Act safeguards with respect to such 
records.
    U. To appropriate agencies, entities, and persons when (1) NIFA 
suspects or has confirmed that there has been a breach of the system of 
records, (2) NIFA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, NIFA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with NIFA efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    V. To another Federal agency or Federal entity, when NIFA 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    W. If the Department contracts with an entity for the purpose of 
performing any function that requires disclosure of records including 
but not limited to helpdesk operations, password resets, system 
administration, application operations, program support, the Department 
may disclose the records as a routine use to those contract employees, 
when necessary to accomplish an agency function related to this system 
of records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to USDA officers and employees. Before 
entering into such a contract, the Department shall require the 
contractor to maintain Privacy Act safeguards as required under 5 
U.S.C. 552a(m) with respect to the records in the system.
    X. Disclosures may be made from this system to ``consumer reporting 
agencies'' as defined in the Federal Claims Collection Act of 1966, as 
amended (31 U.S.C. 3701(a)(3)). The purposes of these disclosures are: 
(1) To provide an incentive for debtors to repay delinquent debts to 
the Federal Government by making these debts part of their credit 
records, and (2) to enable NIFA to improve the quality of loan 
repayment decisions by taking into account the financial reliability of 
applicants, including obtaining a commercial credit report to assess 
and verify the ability of an individual to repay debts owed to the 
Federal Government. Disclosure of records will be limited to the 
individual's name, Social Security number, and other information 
necessary to establish the identity of the individual, the amount, 
status, and history of the claim, and the agency or program under which 
the claim arose.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically or on paper in 
secure facilities. The records are stored in file folders and 
electronic media, including computer tape, discs, servers, connected to 
local area networks, and internet servers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name, Social Security number, or other 
identifying numbers or characteristics.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of under the authority of the REE 
Policies and Procedures contained in REE Manual 251.8 ``Records 
Management'' and 251.8M ``Records Management (Manual)'', which 
establishes REE policies and procedures for the creation, maintenance, 
and disposition of records, and in accordance with the General Records 
Schedules issued by the National Archives and Records Administration.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable USDA automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing 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. Physical records (files and 
folders) are stored in an enclosed office that is controlled by on-site 
personnel and will be locked whenever the room is not in use, even 
during regular business hours. Security guards perform random checks on 
the physical security of the data after hours, including weekends and 
holidays. A password is required to access the terminal and a data set 
name controls the release of data to only authorized users. Data on 
local area network computer files is accessed by keyword known only to 
authorized personnel.

RECORD ACCESS PROCEDURES:
    See ``NOTIFICATION PROCEDURE''.

CONTESTING RECORD PROCEDURES:
    See ``NOTIFICATION PROCEDURE''.

NOTIFICATION PROCEDURE:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Headquarters or component's 
Freedom of Information Act (FOIA) Officer, whose contact information 
can be found at http://www.da.usda.gov/foia.htm under ``contacts.'' If 
an individual believes more than one component maintains Privacy Act 
records concerning him or her, the individual may submit the request to 
the Chief FOIA Officer, Department of Agriculture, 1400 Independence 
Avenue SW, Washington, DC 20250.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief FOIA 
Officer, Department of Agriculture, 1400 Independence Avenue SW, 
Washington, DC 20250. In addition you should provide the following:
    An explanation of why you believe the Department would have 
information on you; Identify the component(s) of the Department you 
believe may have the information about you; Specify when you believe 
the records would have been created; Any additional information that 
will help the FOIA staff

[[Page 10427]]

determine which USDA component agency may have responsive records; The 
dates of enrollment in the VMLRP and current enrollment status, such as 
pending application approval or approved for participation; If your 
request is seeking records pertaining to another living individual, you 
must include a statement from that individual certifying his/her 
agreement for you to access his/her records. Without this bulleted 
information the component(s) may not be able to conduct an effective 
search, and your request may be denied due to lack of specificity or 
lack of compliance with applicable regulations.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    75 FR 77607.
[FR Doc. 2018-04759 Filed 3-8-18; 8:45 am]
 BILLING CODE 3410-22-P