Privacy Act of 1974; Report of a System of Records, 22125-22127 [E8-8917]

Agencies

• Office of the Secretary
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22125-22127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8917]


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Notices
                                                Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
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Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / 
Notices

[[Page 22125]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Report of a System of Records

AGENCY: Office of the Secretary, Department of Agriculture (USDA).

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Department of Agriculture gives 
notice of a proposed system of records entitled Integrated Acquisition 
System (IAS).

DATES: Comments must be received no later than May 27, 2008. This 
system of records will be effective June 3, 2008 unless USDA receives 
comments which would result in a contrary determination.

ADDRESSES: Comments should be sent to Ruby Harvey, Division Chief, DA/
OPPM-PSD, USDA, 300 7th Street, SW., Room 262, Washington, DC 20024, 
(202) 401-1023. Comments will be available for inspection and copying 
in the USDA Freedom of Information Reading Room, Room 1141, USDA South 
Building, 1400 Independence Avenue, SW., Washington, DC 20250-9883. 
Normal Reading Room hours are from 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. Please call (202) 690-2817 to ensure that 
assistance will be available in the Reading Room.

FOR FURTHER INFORMATION CONTACT: Ruby Harvey, Division Chief, DA/OPPM-
PSD, USDA, 300 7th Street, SW., Room 262, Washington, DC 20024, (202) 
401-1023.

SUPPLEMENTARY INFORMATION: Pursuant to the Executive Order 12931, 
Federal Procurement Reform, which directed effective and efficient 
spending of public funds through fundamental reforms in Government 
procurement, USDA has developed and implemented a new system of records 
designated as the USDA Integrated Acquisition System (IAS). The Office 
of Procurement and Property Management, a component of the Departmental 
Administration staff office, will maintain IAS. IAS will allow USDA to 
better serve the public through a USDA-wide accounting and procurement 
system that conforms to generally accepted accounting standards and 
business best practices and ensures financial and procurement 
integrity.
    USDA takes this action pursuant to the Federal Acquisition 
Streamlining Act of 1994 (Pub. L. 103-355), the Government Paperwork 
Elimination Act (GPEA), Pub. L. 105-277, Div. C., Title XVII, 1701 to 
1710, principally classified as a note under 44 U.S.C. 3504; Sec.  101; 
15 U.S.C. 7001 et seq., and the EGovernment Act of 2002, Pub. L. 107-
347, 44 U.S.C. 3541, et seq. These statutory authorities mandate 
standards and goals for acquisition reform, efficiency and 
effectiveness.
    Prior to the implementation of IAS, the various USDA component 
agencies performed acquisition activities using multiple, disparate 
systems which were not connected. These systems included: Purchase 
Order System, Agriculture Contract Automation System, Procurement 
Request Information System, Comprizon.buy, XPDite, Pontius, FARA, 
Logistics Management System, Contract Administration Reporting System 
and Procurement Reporting System. With the implementation of the IAS, 
the aforementioned disparate acquisition systems were merged into an 
enterprise system, which serves all of the USDA mission areas namely: 
Farm and Foreign Agricultural Services; Food, Nutrition and Consumer 
Services; Food Safety; Marketing and Regulatory Programs; Natural 
Resources and Environment; Research, Education and Economics; and, 
Rural Development.

    Date: April 17, 2008.
Edward T. Schafer,
Secretary.
USDA/DA-01

SYSTEM NAME:
    USDA Integrated Acquisition System, USDA/DA-01.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    This is a USDA Web-based system hosted at geographically dispersed 
locations and is available for access by authorized USDA personnel.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    These records include information about contractors of the United 
States Department of Agriculture, including their employees and 
subcontractors, and the officials of both.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in this system include all information incident to and 
developed in the acquisition process including, but not limited to, 
solicitations and statements of work; contractor bids, quotes, and 
proposals; awards; and other documents relevant to particular 
acquisitions. In order to facilitate payment to the contractor, the 
system includes contractor and subcontractor names, names and tax 
identification or Social Security numbers of their employees and 
officials; and other potentially personally identifiable information 
related to contractor and subcontractor employees and officials.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Property and Administrative Services Act, as amended, 41 
U.S.C. 251, et seq.; Competition in Contracting Act, Pub. L. 98-369; 
The Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355; 
Clinger-Cohen Act of 1996, Pub. L. 104-106. The E-Government Act of 
2002, 44 U.S.C. 3541, et seq., the Government Paperwork Elimination Act 
(GPEA), Pub. L. 105-277, 5 U.S.C. 3504 note; the Paperwork Reduction 
Act, 44 U.S.C. 3501 to 3520.

AGENCY OFFICIAL RESPONSIBLE FOR SYSTEM OF RECORDS:
    Senior Chief Procurement Officer, U.S. Department of Agriculture, 
1400 Independence Ave., SW., Washington, DC 20250.

PURPOSE:
    The purpose of this system of records is to record and store the 
information and documentation incident to and developed in the 
acquisition process at USDA.

[[Page 22126]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Records in this system may be disclosed as follows:
    (1) Records in this system may be disclosed 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 where the 
Department of Justice 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 by the Department of Justice is therefore deemed by 
the agency to be for a purpose that is compatible with the purpose for 
which the agency collected the records.
    (2) Records in this system may be disclosed 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 compatible with the purpose for 
which the agency collected the records.
    (3) Records in this system may be disclosed when a record on its 
face, or in conjunction with other records, 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 regulation, rule, or order issued pursuant thereto, 
disclosure may be made to the appropriate agency, whether Federal, 
foreign, State, local, or tribal, or other public authority responsible 
for enforcing, investigating or prosecuting such violation or charged 
with enforcing or implementing the statute, or rule, regulation, or 
order issued pursuant thereto, if the information disclosed is relevant 
to any enforcement, regulatory, investigative, or prosecutive 
responsibility of the receiving entity.
    (4) Records in this system may be disclosed to a Member of Congress 
or to a congressional staff member in response to an inquiry of the 
congressional office made at the written request of the constituent 
about whom the record is maintained.
    (5) Records in this system may be disclosed 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.
    (6) Records in this system may be disclosed to agency employees, 
contractors, grantees, experts, consultants, or volunteers who have 
been engaged by the agency to assist in the performance of a service 
related to this system of records and who need to have access to the 
records in order to perform the activity. Recipients shall be required 
to comply with the requirements of the Privacy Act of 1974, as amended, 
pursuant to 5 U.S.C. 552a(m).
    (7) The name and current address of record of an individual may be 
disclosed from this system of records to the parent locator service of 
the Department of Health and Human Services authorized persons defined 
by Public Law 93-647. 42 U.S.C. 653.
    (8) Records in this system may be disclosed to Federal, State, 
local or foreign agency maintaining civil, criminal, or other relevant 
enforcement records, or other pertinent records, or to another public 
authority or professional organization, if necessary to obtain 
information relevant to an investigation concerning the retention of an 
employee or other personnel action (other than hiring), the retention 
of a security clearance, the letting of a contract, or the issuance or 
retention of a grant, or other benefit.
    (9) Records in this system may be disclosed to a Federal, State, 
local, foreign, or tribal or other public authority the fact that this 
system of records contains information relevant to the retention of an 
employee, the retention of a security clearance, the letting of a 
contract, or the issuance or retention of a license, grant, or other 
benefit. The other agency or licensing organization may then make a 
request supported by the written consent of the individual for the 
entire record if it so chooses. No disclosure will be made unless the 
information has been determined to be sufficiently reliable to support 
a referral to another office within the agency or to another Federal 
agency for criminal, civil, administrative, personnel, or regulatory 
action.
    (10) Records in this system may be disclosed to appropriate 
agencies, entities, and persons when (i) USDA suspects or has confirmed 
that the security or confidentiality of information in the system of 
records has been compromised; (ii) the Department 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 the Department or another agency or 
entity) that rely upon the compromised information; and (iii) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Department's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    (11) Records in this system may be disclosed to the Office of 
Government Ethics when the records are relevant and necessary to 
resolving any conflict of interest, conduct, financial statement 
reporting, or other ethics matter within the jurisdiction of that 
office.
    (12) 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 note); 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 public 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    These records, or information derived from these records, may be 
disclosed to a consumer reporting agency pursuant to 5 U.S.C. 552a(12) 
and in accordance with 31 U.S.C. 3711(e).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained electronically on magnetic backup tapes and 
in an electronic database.

RETRIEVAL:
    Data is retrieved by employee or contractor name, tax 
identification number, or Social Security number.

SAFEGUARDS:
    Only authorized USDA procurement personnel will have access to 
these

[[Page 22127]]

records. IAS has been categorized as a moderate impact system as 
identified in Federal Information Processing Standard (FIPS) 199. The 
security controls implemented within IAS will correspond with those 
published in the National Institute of Standards and Technology Special 
Publication 800-53, Recommended Security Controls for Federal 
Information Technology Systems (Revision 1) for a moderate impact 
system. Users are granted system access only upon successful completion 
of security training and each user is supplied with a unique and strong 
user-id and password. The user roles and access are restrictive and 
based on the principle of least privilege allowing for adequate 
performing of job functions and access to information based on a need 
to know. Due to the financial nature of IAS, the system also adheres to 
the security controls identified in the Federal Information Security 
Control Audit Manual (FISCAM). The mandatory requirements of FIPS 199 
and FIPS 200 support the Federal Information Security Management Act 
and the FISCAM supports the mandated OMB Circular A-123, Management of 
Internal Controls. Moreover, system users and managers observe specific 
USDA security requirements set forth in the USDA Cyber Security Manuals 
including but not limited to: USDA Departmental Manual (DM) 3545-000 
Personnel Security, and DM 3510-001 Physical Security Standards for 
Information Technology Restricted Space.

RETENTION AND DISPOSAL:
    IAS records are retained and disposed of in accordance with General 
Records Schedule 3--Procurement, Supply and Grant Records; and General 
Records Schedule 24--Information Technology Operations and Management 
Records; as appropriate.

SYSTEM MANAGER(S) AND ADDRESS:
    Division Chief, DA/OPPM-PSD, 300 7th Street, SW., Room 262, 
Washington, DC 20024, (202) 401-1023.

NOTIFICATION PROCEDURE:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Officer, Departmental 
Administration, 1400 Independence Avenue, SW., Washington, DC 20250-
9883.

RECORDS ACCESS PROCEDURES:
    Direct access to a record pertaining to an individual should be 
directed to the Privacy Act Officer, Departmental Administration, 1400 
Independence Avenue, SW., Washington, DC 20250-9883.

CONTESTING RECORDS PROCEDURES:
    Contesting a record pertaining to an individual should be directed 
to the Privacy Act Officer, Departmental Administration, 1400 
Independence Avenue, SW., Washington, DC 20250-9883.

RECORDS SOURCE CATEGORIES:
    Employee name, contractor name, home address, contractor office 
phone number, contractor address, tax identification number and social 
security number are derived from a system account application.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-8917 Filed 4-23-08; 8:45 am]
BILLING CODE 3410-93-P