Privacy Act of 1974; System of Records, 50983-50985 [2010-20354]

Agencies

• Office of the Secretary
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 50983-50985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20354]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY: Agricultural Research Service, USDA.

ACTION: Notice of revision of Privacy Act System of Records; 
republication.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Agriculture is republishing the Notice of Revision of the Privacy Act 
Systems of Records published in Federal Register Volume 75, Number 117 
(Friday, June 18, 2010), FR Doc No. 2010-14714 to provide the amended 
Privacy Act Systems of Records document. The document was not published 
in its entirety. As a convenience to the public, we are republishing 
the entire Notice of Revision of the Privacy Act Systems of Records and 
providing a new 30-day comment period.
    The purpose of the Notice of Revision is to revise one Privacy Act 
(PA) system of records and delete two systems of records maintained by 
the Agricultural Research Service (ARS).

DATES: Submit comments on or before September 17, 2010. This new system 
will be effective September 17, 2010.

ADDRESSES: You may submit comments to:
     Mail: Stasia Hutchison, FOIA/PA Officer, Agricultural 
Research Service, Research, Education, and Economic, Department of 
Agriculture, 5601 Sunnyside Avenue, Beltsville, MD 20705-5128;
     Fax: (301) 504-1647.

FOR FURTHER INFORMATION CONTACT: Stasia Hutchison, FOIA/PA Officer, 
Agricultural Research Service, Research, Education, and Economic, 
Department of Agriculture, 5601 Sunnyside Avenue, Beltsville, MD 20705-
5128; Telephone (301) 504-1655; Facsimile (301) 504-1647; Electronic 
Mail stasia.hutchison@ars.usda.gov.

SUPPLEMENTARY INFORMATION: Pursuant to the PA, 5 U.S.C. 552a, USDA 
hereby takes the following action:
    I. One system of records is being revised for the following 
reasons:
    1. USDA/ARS-2, Research Medical Records System on Patients and 
Human Volunteers Participating in Research at the ARS Human Nutrition 
Research

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Centers in Grand Forks, Beltsville, and San Francisco, USDA/ARS is 
being revised. The purpose of this revision to the system of records is 
to change the system designation from USDA/ARS-2 to USDA/ARS-1; 
identify changes in the system name, system location, and categories of 
individuals covered by the system; update the purpose, safeguards, 
retention and disposal, system manager and address, and record access 
procedures; modify the routine uses by adding three relating to 
security breaches, disclosure to National Archives and Records 
Administration, and disclosure to contractors; and to add the following 
sections: security classification, agency official responsible for 
system of records, disclosure to consumer reporting agencies, and 
exemptions claimed for the system.
    II. Two systems are being deleted as follows:
    1. USDA/ARS-1, Solicitation of Bids or Proposals for Procurement 
Contracts, is being deleted as the records no longer meet the 
requirements for a Privacy Act system of records. USDA/ARS-5, ARS 
Health and Fitness Center, is being deleted as the records are no 
longer relevant and necessary to accomplish a purpose of the Agency. 
The records no longer exist.
    A Privacy Act Systems Report relating to the proposed changes was 
sent 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 on June 9, 2010.

    Signed at Washington, DC, on August 11, 2010.
Thomas J. Vilsack,
Secretary of Agriculture.
USDA/ARS-1

SYSTEM NAME:
    Agricultural Research Service--1 Research Medical Records System on 
Patients and Human Volunteers Participating in Research

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Records are located at the Agricultural Research Service (ARS) 
research centers and locations. A current list of centers and locations 
is available by writing to the National Program Leader, Human 
Nutrition, National Program Staff, ARS, U.S. Department of Agriculture 
(USDA), 5601 Sunnyside Avenue, Beltsville, MD 20705.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals participating in human research carried out by staff at 
ARS research centers and locations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Medical and nutritional histories, medical and nutritional 
examinations, diagnostic and treatment data, social and economic data, 
clinical laboratory data, statistical summaries, and correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    7 U.S.C. 2201, 7 U.S.C. 427, and 7 U.S.C. 3101 et seq.

PURPOSE(S):
    The purpose of this Privacy Act system of records is to conduct 
research related to human dietary requirements at all stages of life. 
The results of this research are published in the scientific 
literature. Typically, research results are pooled from many 
individuals and individual information is not released or published.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records in this system may be disclosed to:
    1. 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 (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 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. 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. 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, 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. Appropriate agencies, entities, and persons when (a) ARS 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised, (b) the 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) 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 USDA's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    5. Records from this system of records 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. To agency 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. To a Member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional staff office made at the 
written request of the

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constituent about whom the record is maintained.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are kept in file folders or maintained electronically.

RETRIEVABILITY:
    Records are retrievable by the name of the volunteer and a number 
assigned to the volunteer.

SAFEGUARDS:
    Paper records are stored in locked rooms or locked file cabinets 
and electronic records are stored in secured databases. Access is 
restricted to authorized personnel only. The identity of the 
participant is kept in a separate file from the information and the 
information is associated with a blinded coded number.

RETENTION AND DISPOSAL:
    Clinical and scientific records are retained and disposed of in 
conformance with the ARS Records Schedule, NCI-310-80-2, Item 200, as 
appropriate.

SYSTEM MANAGER(S) AND ADDRESS:
    National Program Leader, Human Nutrition, National Program Staff, 
ARS, USDA, 5601 Sunnyside Avenue, Beltsville, MD 20705.

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 https://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;
     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 in this system come primarily from the volunteers, health 
care personnel, other hospitals and physicians, employers, and social 
agencies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
    USDA/ARS-1, Solicitation of Bids or Proposals for Procurement 
Contracts, is being deleted as the records no longer meet the 
requirements for a Privacy Act system of records.
    USDA/ARS-5, ARS Health and Fitness Center, is being deleted as the 
records are no longer relevant and necessary to accomplish a purpose of 
the Agency. The records no longer exist.

[FR Doc. 2010-20354 Filed 8-17-10; 8:45 am]
BILLING CODE 3410-03-P