[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Notices]
[Pages 77607-77611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31205]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

[Docket No. 2010-0004]


Privacy Act of 1974; Proposed New System of Records; Veterinary 
Medicine Loan Repayment Program

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Notice of a proposed new Privacy Act 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) 
proposes to establish a new Department of Agriculture system of records 
notice titled, ``Veterinary Medicine Loan Repayment Program Records 
System, USDA/NIFA-1.'' This newly established system will be included 
in USDA's inventory of record systems.

DATES: Submit comments on or before January 12, 2011. This new system 
will be effective January 12, 2011.

ADDRESSES: You may submit comments, identified by Docket No. 2010-0004 
by one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
E-mail: [email protected]. Include the text ``VMLRP System of 
Records'' in the subject line of the message. Fax: (202) 401-7752. 
Mail: Gary Sherman; National Program Leader, Veterinary Science; 
National Institute of Food and Agriculture, Department of Agriculture, 
STOP 2200, 1400 Independence Avenue, SW., Washington, DC 20250-2200. 
Hand Delivery/Courier: Gary Sherman; National Program Leader, 
Veterinary Science; National Institute of Food and Agriculture; 
Department of Agriculture; Room 3146, 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: 
Gary Sherman, National Program Leader, Veterinary Science, National 
Institute of Food and Agriculture, Department of Agriculture, STOP 
2220, 1400 Independence Avenue, SW., Washington, DC 20250-2220; Voice: 
202-401-4952; Fax: 202-401-6156; E-mail: [email protected]. For 
privacy issues, please contact: Stasia Hutchison, Freedom of 
Information and Privacy Act Officer, Information Staff, Agricultural 
Research Service, Research, Education, and Economic, Department of 
Agriculture, 5601 Sunnyside Avenue, STOP 5128, Beltsville, MD 20705-
5128; Voice: 301-504-1655; Fax: 301-504-1647; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The proposed new system of records will be used by NIFA staff 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; and 
(3) to 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.
    The amount of information recorded on each individual will be only 
that which is necessary to accomplish the needs of the program. Each 
record will be established initially from an application form submitted 
to the VMLRP by the applicant. The National Veterinary Medical Service 
Act (NVMSA) added section 1415A to the National Agricultural Research, 
Extension, and Teaching Policy Act of 1997 (NARETPA), establishing a 
new Veterinary Medicine Loan Repayment Program (7 U.S.C. 3151a) which 
authorizes the Secretary of Agriculture to carry out a program of 
entering into agreements with veterinarians under which they agree to 
provide veterinary services in veterinarian shortage situations.
    Section 7105 of the Food, Conservation, and Energy Act of 2008, 
Public Law 110-246, (FCEA) amended section 1415A to revise the 
determination of veterinarian shortage situations to consider (1) 
geographical areas that the Secretary determines have a shortage of 
veterinarians; and (2) areas

[[Page 77608]]

of veterinary practice that the Secretary determines have a shortage of 
veterinarians, such as food animal medicine, public health, 
epidemiology, and food safety. This section also added that priority 
should be given to agreements with veterinarians for the practice of 
food animal medicine in veterinarian shortage situations. NARETPA 
section 1415A requires the Secretary, when determining the amount of 
repayment for a year of service by a veterinarian, to consider the 
ability of USDA to maximize the number of agreements from the amounts 
appropriated and to provide an incentive to serve in veterinary service 
shortage areas with the greatest need. This section also provides that 
loan repayments may consist of payments of the principal and interest 
on government and commercial loans received by the individual for the 
attendance of the individual at an accredited college of veterinary 
medicine resulting in a degree of Doctor of Veterinary Medicine or the 
equivalent.
    The Internal Revenue Code at 26 U.S.C. 6109 requires the 
applicant's Social Security number for the receipt of loan repayment 
funds under the VMLRP. The Federal Debt Collection Procedures Act of 
1990, Public Law 101-647 (28 U.S.C. 3201) requires that an individual 
who has a judgment lien against his/her property for a debt to the 
United States shall not be eligible to receive funds directly from the 
Federal Government in any program, except funds to which the debtor is 
entitled as a beneficiary, until the judgment is paid in full or 
otherwise satisfied. Thus, individuals applying to the VMLRP are 
required to disclose in their applications whether they have a judgment 
lien against them arising from a debt to the United States.
    The records in this system will be maintained in a secure manner 
compatible with their content and use. NIFA staff will be required to 
adhere to the provisions of the Privacy Act and the USDA Privacy Act 
Regulations. The System Manager will control access to the data. Only 
authorized users whose official duties require the use of such 
information will have regular access to the records in this system. 
Authorized users are USDA employees and contractors responsible for 
implementing the VMLRP. The records will be stored initially in file 
folders. At a later stage, records will be stored on computer tape and 
discs. Prior to electronic storage, a Privacy Impact Assessment will be 
conducted. Manual and computerized records will be maintained in 
accordance with USDA Departmental Regulation 3080-001, Records 
Management; REE P&P 251.8, Records Management; REE P&P 251.8M, Records 
Management (Manual); REE P&P 116.0, Freedom of Information Act and 
Privacy Act Guidelines; and the National Institute of Standards and 
Technology Federal Information Processing Standards (FIPS Pub. 41 and 
FIPS Pub. 31).
    Data stored in computers will be accessed through the use of 
keywords known only to authorized users. The room where physical 
records (files and folders) are stored 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.
    Consistent with USDA's information sharing mission, information 
stored in the Veterinary Medicine Loan Repayment Program system of 
records may be shared with other USDA components, as well as 
appropriate Federal, State, local, Tribal, foreign, or international 
government agencies. This sharing will only take place after USDA 
determines that the receiving component or agency 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.
    In accordance with the Privacy Act of 1974, the USDA proposes to 
establish a new USDA system of records notice titled Veterinary 
Medicine Loan Repayment Program, USDA/NIFA-1. This newly established 
system will be included in the USDA's inventory of record systems.

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 recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which their records are put, and to assist individuals 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 Administrator, Office of Information and 
Regulatory Affairs, Office of Management and Budget; Chairman, 
Committee on Homeland Security and Governmental Affairs, United States 
Senate; and Chairman, Committee on Oversight and Government Reform, 
U.S. House of Representatives.

    Signed at Washington, DC on December 6, 2010.
Thomas J. Vilsack,
Secretary of Agriculture.
System of Records:
    USDA/NIFA-1

System name:
    Veterinary Medicine Loan Repayment Program (VMLRP) Record System, 
USDA/NIFA-1

Security classification:
    None.

System location:
    Records are maintained at the Office of Extramural Programs, 
National Institute of Food and Agriculture (NIFA), Department of 
Agriculture (USDA), 800 9th Street, SW., Washington, DC 20024.

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, 
who are receiving, or who have received funds under the Veterinary 
Medicine Loan Repayment Program (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, service pay-
back obligations, employment data, professional performance and 
credentialing history of licensed veterinarians; personal, 
professional,

[[Page 77609]]

and demographic background information; standard school budgets; 
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.

Authority for maintenance of the system:
    7 U.S.C. 3151a; 26 U.S.C. 6109; 28 U.S.C. 3201

Purpose(s):
    The purpose of this system is to: (1) Identify and select 
applicants for the VMLRP; (2) monitor loan repayment activities, such 
as payment tracking, deferment of service obligation, and default; and 
(3) 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.

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.
    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. No. 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. Disclosure may be made to the parent locator service of the 
Department of Health and Human Services or authorized persons defined 
by Public Law 93-647 under 42 U.S.C. 653 of the name and current 
address of record of an individual who don't pay child support.
    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. The purpose of such disclosures is 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

[[Page 77610]]

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 medical licensing board and/or 
to the Federation of State Medical 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 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.
    Disclosure to consumer reporting agencies:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12): 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 storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    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.

Retrievability:
    Records may be retrieved by name, Social Security number, or other 
identifying numbers or characteristics.

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

[[Page 77611]]

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.

Retention and disposal:
    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.

System manager(s) and address(es):
    National Program Leader, Veterinary Science, National Institute of 
Food and Agriculture, Department of Agriculture, 1400 Independence 
Avenue, SW., Washington, DC 20250.

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 
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.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

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; and third parties that provide 
references concerning the subject individual.

Exemptions claimed for the system:
    None.

[FR Doc. 2010-31205 Filed 12-10-10; 8:45 am]
BILLING CODE 3410-22-P