Privacy Act of 1974; System of Records, 24925-24929 [2012-10015]
Download as PDF
24925
Notices
Federal Register
Vol. 77, No. 81
Thursday, April 26, 2012
SUMMARY:
Beltsville, MD 20705–5128.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Docket:
For access to the docket to read
background documents or comments
received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Stasia Hutchison, Freedom of
Information Act and Privacy Act Officer,
Information Staff, Agricultural Research
Service, Research, Education, and
Economics, Department of Agriculture,
5601 Sunnyside Avenue, STOP 5128,
Beltsville, MD 20705–5128; Telephone
(301) 504–1655; Facsimile (301) 504–
1647; Email:
stasia.hutchison@ars.usda.gov.
SUPPLEMENTARY INFORMATION:
Submit comments on or before
May 29, 2012. These systems will be
effective May 29, 2012.
ADDRESSES: You may submit comments,
identified by Docket No. 2011–0001 by
one of the following methods: Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: stasia.hutchison@ars.usda.gov.
Include the text ‘‘NIFA Privacy Act
System of Records’’ in the subject line
of the message. Fax: (202) 504–1647.
Mail: Stasia Hutchison, Freedom of
Information Act and Privacy Act Officer,
Information Staff, Agricultural Research
Service, Research, Education, and
Economics, Department of Agriculture,
Mail Stop 5128, 5601 Sunnyside
Avenue, Beltsville, MD 20705–5128.
Hand Delivery/Courier: Stasia
Hutchison, Freedom of Information Act
and Privacy Act Officer, Information
Staff, Agricultural Research Service,
Research, Education, and Economics,
Department of Agriculture, George
Washington Carver Center, Building 1,
Room 2248, 5601 Sunnyside Avenue,
I. Background
1. Two systems of records are being
revised.
A. State Cooperative Extension
Service Employees, USDA/NIFA–1. The
State Cooperative Extension Service
Employees System is utilized to prepare
the annual salary analysis report that is
used as a management tool for salary
analysis purposes as well as historical
purposes. Cooperative Extension
Service (CES) employee records are
permanently maintained in the CES
Personnel Information System database
of NIFA. This database is updated
annually from data provided by 1862
and 1890 land-grant universities. This
database is maintained by the
Agricultural Research Service, Human
Resources Division.
The purpose of this revision to the
system of records is to change the
system designation from USDA/
CSREES–3 to USDA/NIFA–2; change
references to the agency name to NIFA
to acknowledge the reorganization;
identify changes in the way records are
retrieved and safeguarded; update the
retention and disposal section to
include Records Management Policies
and Procedures; update the notification
procedures, records access procedures,
and contesting records procedures to
direct individuals to the Freedom of
Information Act Officer; modify the
routine uses by adding four relating to
security breaches, records management
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket No. 2011–0001]
Privacy Act of 1974; System of
Records
National Institute of Food and
Agriculture, USDA.
ACTION: Notice of Revision of Privacy
Act Systems of Records.
AGENCY:
Notice is hereby given that
the United States Department of
Agriculture (USDA) is revising two
Privacy Act (PA) systems of records and
deleting two PA systems of records
maintained by the National Institute of
Food and Agriculture (NIFA), formerly
the Cooperative State Research,
Education, and Extension Service
(CSREES).
tkelley on DSK3SPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
17:51 Apr 25, 2012
Jkt 226001
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
inspections, oversight operations, and
access by contractors/grantees/experts/
consultants/and others performing work
or working on behalf of the Department;
and add the following sections: Security
classification, purpose, and disclosure
to consumer reporting agencies.
Use of this system, as established,
should not result in undue infringement
of any individual’s right to privacy.
The revised system of records will not
be exempt from any provisions of the
Privacy Act.
Proper safeguards are taken to prevent
unauthorized access to the records.
Authorization must be obtained from
the Director, NIFA, or the Chief, MSB–
HRD, ARS, before information is
released. All records are accessed by
unique passwords and logon
procedures. Only those employees with
a need-to-know in order to perform their
duties are able to access the
information.
Consistent with USDA’s informationsharing mission, information stored in
the State Cooperative Extension Service
Employees 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
take place only 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.
B. National Institute of Food and
Agriculture Grants Systems, USDA/
NIFA–3. NIFA receives research,
education, and extension grant
applications each year, of which
approximately a quarter are awarded.
The majority of these applications are
subjected to a rigorous peer-review
involving technical experts (scientists,
educators, farmers, engineers, and
extension specialists) located
worldwide. Given the highly technical
nature of many of these applications,
the quality of the peer-review greatly
depends on the appropriate matching of
the subject matter of the application
with the technical expertise of the
potential reviewer. NIFA maintains a
database of potential reviewers.
Information in the database is used to
match applications with the most
appropriate (potential) reviewers.
E:\FR\FM\26APN1.SGM
26APN1
tkelley on DSK3SPTVN1PROD with NOTICES
24926
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices
Therefore, the accuracy of the database
content is integral to the success of the
NIFA peer review process. In addition
to the reviewer information, applicant
information is maintained for the proper
oversight of the Federal funds and is
also used to respond to inquiries from
Congress, other governmental agencies,
and the grantee community. The
authorities for maintaining this system
of records are National Agricultural
Research, Extension, and Teaching
Policy Act of 1977 (NARETPA), 7 U.S.C.
3318.
The purpose of this revision to the
system of records is to change the
system designation from USDA/
CSREES–4 to USDA/NIFA–3; change
the agency name to NIFA to
acknowledge the reorganization; update
the safeguards to include agency rules
and policies; update the retention and
disposal section to include Records
Management Policies and Procedures;
update the notification procedures,
records access procedures, and
contesting records procedures to direct
individuals to the Freedom of
Information Act Officer; modify the
routine uses by adding four relating to
security breaches, records management
inspections, oversight operations, and
the Federal Funding Accountability and
Transparency Act of 2006 reflecting
loans, grants, or other payments to
members of the public; and add the
following sections: Security
classification, purpose, and disclosure
to consumer reporting agencies.
Use of this system, as established,
should not result in undue infringement
of any individual’s right to privacy.
The revised system of records will not
be exempt from any provisions of the
Privacy Act.
Proper safeguards are taken to prevent
unauthorized access to the records. All
records containing personal information
are maintained in secured file cabinets
or are accessed by unique passwords
and logon procedures. Only those
employees with a need-to-know in order
to perform their duties will be able to
access the information.
Consistent with USDA’s information
sharing mission, information stored in
the National Institute of Food and
Agriculture Grants Systems 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 take place only 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
VerDate Mar<15>2010
17:51 Apr 25, 2012
Jkt 226001
uses set forth in this system of records
notice.
2. Two systems are being deleted as
follows:
A. Current Research Information
System, USDA/CSREES–1, is being
deleted as the records no longer meet
the requirements for a Privacy Act
system of records.
B. International Programs Recruitment
Roster, USDA/CSREES–2 is being
deleted as the records are no longer
relevant and necessary to accomplish a
purpose of the Agency. The records no
longer exist.
Notice is hereby given that USDA is
revising two PA systems of records and
deleting two PA systems of records
maintained by NIFA, formerly CSREES.
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 are descriptions of the State
Cooperative Extension Service
Employees, USDA/NIFA–2, and the
National Institute of Food and
Agriculture Grant Systems, USDA/
NIFA–3.
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.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Dated: April 2, 2012.
Thomas J. Vilsack,
Secretary.
SYSTEM OF RECORDS NOTICE
USDA/NIFA–2
SYSTEM NAME:
State Cooperative Extension Service
Employees, USDA/NIFA–2.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are maintained at the
Department of Agriculture (USDA),
Agricultural Research Service (ARS),
Human Resources Division (HRD),
Metropolitan Services Branch (MSB),
Portals Building, 1280 Maryland
Avenue SW., Washington, DC 20024.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include: All professional
employees of the State Cooperative
Extension Service from 1968 to present.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include: Personnel and payroll
information on professional State
Cooperative Extension Service
employees.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 341, et seq.
PURPOSE(S):
The purpose of this system is to
prepare the annual salary analysis
report that is used as a management tool
for salary analysis purposes as well as
historical purposes.
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;
E:\FR\FM\26APN1.SGM
26APN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices
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 individuals who 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
VerDate Mar<15>2010
17:51 Apr 25, 2012
Jkt 226001
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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are maintained
in an electronic database in a secured
facility.
RETRIEVABILITY:
Records may be retrieved by a unique
State identifying number or last name of
the individual.
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.
Authorization must be obtained from
the Director, NIFA, or the Chief, MSB–
HRD, ARS, before information is
released. All records are accessed by
unique passwords and logon
procedures.
RETENTION AND DISPOSAL:
Records are retained 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. Records are retained
indefinitely.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
24927
SYSTEM MANAGER(S) AND ADDRESS(ES):
Personnel and Data Information
Specialist, MSB, HRD, ARS, USDA,
Portals Building, 1280 Maryland
Avenue SW., Washington, DC 20024.
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.dm.usda.gov/
foia_agency_pocs.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.
E:\FR\FM\26APN1.SGM
26APN1
24928
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Information in this system comes
primarily from the State Cooperative
Extension Service employees with
additional data provided by the
employees’ personnel office.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM OF RECORDS NOTICE
USDA/NIFA–3
SYSTEM NAME:
National Institute of Food and
Agriculture Grants Systems, USDA/
NIFA–3.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are maintained in Program,
Grants, and Funds Management offices
and in a computerized system at the
National Institute of Food and
Agriculture (NIFA), Department of
Agriculture (USDA), Waterfront Centre,
800 9th Street SW., Washington, DC
20024.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include: Individuals that
have submitted proposals to NIFA,
either individually or through an
academic or other institution, and peer
reviewers that evaluate NIFA applicants
and their proposals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include: Records of the project director,
the authorized organizational
representative, potential proposal
reviewers, the proposal and its
identifying number, supporting data
from the academic institution or other
applicant, proposal evaluations from
peer reviewers, a review record,
financial data, and other related
material such as, committee or panel
discussion summaries and other agency
records containing or reflecting
comments on the proposal or the
applicants from peer reviewers.
tkelley on DSK3SPTVN1PROD with NOTICES
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (NARETPA), 7 U.S.C. 3318.
PURPOSE(S):
NIFA receives research, education,
and extension grant applications each
year, of which approximately a quarter
VerDate Mar<15>2010
17:51 Apr 25, 2012
Jkt 226001
are awarded. The majority of these
applications are subjected to a rigorous
peer-review involving technical experts
(scientists, educators, farmers,
engineers, extension specialists) located
world-wide. Given the highly technical
nature of many of these applications,
the quality of the peer-review greatly
depends on the appropriate matching of
the subject matter of the application
with the technical expertise of the
potential reviewer. NIFA maintains a
database of potential reviewers.
Information in the database is used to
match applications with the most
appropriate (potential) reviewers.
Therefore, the accuracy of the database
content is integral to the success of the
NIFA peer review process. In addition
to the reviewer information, applicant
information is maintained for the proper
oversight of the Federal funds and is
also used to respond to inquiries from
Congress, other governmental agencies,
and the grantee community.
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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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
E:\FR\FM\26APN1.SGM
26APN1
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices
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. To other Federal agencies needing
names of potential reviewers or
specialists in particular fields.
J. To other Federal agencies as part of
the Presidential Management Initiative,
E-Grants.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on system file
servers and paper files in the program
offices at NIFA, USDA, Waterfront
Centre, 800 9th Street SW., Washington,
DC 20024.
RETRIEVABILITY:
Records can be retrieved by name,
project leader, co-investigator, and any
other data field such as institution or
title.
SAFEGUARDS:
tkelley on DSK3SPTVN1PROD with NOTICES
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.
All records containing personal
information are maintained in secured
file cabinets or are accessed by unique
passwords and logon procedures. Only
those employees with a need-to-know in
order to perform their duties will be
able to access the information.
RETENTION AND DISPOSAL:
Records are retained 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
VerDate Mar<15>2010
17:51 Apr 25, 2012
Jkt 226001
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. The Data File is
cumulative and is maintained
indefinitely, and documents are
disposed according to agency file plan
and disposition schedule. Non-funded
proposals are maintained onsite for 1
year and then disposed after 3 years.
Funded proposals are maintained onsite
for 1 year after completion of the award,
and then transferred to the National
Archive and Records Administration.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Deputy Administrator, Office of
Information Technology (OIT), NIFA,
USDA, Stop 2216, 1400 Independence
Avenue SW., Washington, DC 20250–
2216. The address for express mail or
overnight courier service is: Deputy
Administrator, OIT, NIFA, USDA,
Waterfront Centre, 800 9th Street SW.,
Washington, DC 20024.
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.dm.usda.gov/foia_agency
_pocs.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;
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
24929
• 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:
Information in this system is obtained
from the individuals submitting the
proposals and from peer reviewers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2012–10015 Filed 4–25–12; 8:45 am]
BILLING CODE 3410–22–P
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act of 1974; New System of
Records
Office of the Secretary, USDA.
Notice of a new system of
AGENCY:
ACTION:
records.
In accordance with the
Privacy Act of 1974, as amended, the
Department of Agriculture (USDA) is
proposing to add a new Forest Service
system to its inventory of records
systems. USDA invites public comment
on this new records system.
DATES: Comments must be received in
writing, on or before May 29, 2012. This
system will be adopted without further
notice, on June 25, 2012, unless
modified to respond to comments
received from the public and published
in a subsequent notice.
ADDRESSES: Send written comments to
the Forest Service Freedom of
Information Act and Privacy Act Officer,
USDA Forest Service, 1400
Independence Avenue SW., Mail Stop
1143, Washington, DC 20250–1143.
Comments may also be sent via email to
SUMMARY:
E:\FR\FM\26APN1.SGM
26APN1
Agencies
[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24925-24929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10015]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 /
Notices
[[Page 24925]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket No. 2011-0001]
Privacy Act of 1974; System of Records
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Notice of Revision of Privacy Act Systems of Records.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the United States Department of
Agriculture (USDA) is revising two Privacy Act (PA) systems of records
and deleting two PA systems of records maintained by the National
Institute of Food and Agriculture (NIFA), formerly the Cooperative
State Research, Education, and Extension Service (CSREES).
DATES: Submit comments on or before May 29, 2012. These systems will be
effective May 29, 2012.
ADDRESSES: You may submit comments, identified by Docket No. 2011-0001
by one of the following methods: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
Email: stasia.hutchison@ars.usda.gov. Include the text ``NIFA Privacy
Act System of Records'' in the subject line of the message. Fax: (202)
504-1647. Mail: Stasia Hutchison, Freedom of Information Act and
Privacy Act Officer, Information Staff, Agricultural Research Service,
Research, Education, and Economics, Department of Agriculture, Mail
Stop 5128, 5601 Sunnyside Avenue, Beltsville, MD 20705-5128. Hand
Delivery/Courier: Stasia Hutchison, Freedom of Information Act and
Privacy Act Officer, Information Staff, Agricultural Research Service,
Research, Education, and Economics, Department of Agriculture, George
Washington Carver Center, Building 1, Room 2248, 5601 Sunnyside Avenue,
Beltsville, MD 20705-5128. Instructions: All submissions received must
include the agency name and docket number for this rulemaking. All
comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Stasia Hutchison, Freedom of
Information Act and Privacy Act Officer, Information Staff,
Agricultural Research Service, Research, Education, and Economics,
Department of Agriculture, 5601 Sunnyside Avenue, STOP 5128,
Beltsville, MD 20705-5128; Telephone (301) 504-1655; Facsimile (301)
504-1647; Email: stasia.hutchison@ars.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background
1. Two systems of records are being revised.
A. State Cooperative Extension Service Employees, USDA/NIFA-1. The
State Cooperative Extension Service Employees System is utilized to
prepare the annual salary analysis report that is used as a management
tool for salary analysis purposes as well as historical purposes.
Cooperative Extension Service (CES) employee records are permanently
maintained in the CES Personnel Information System database of NIFA.
This database is updated annually from data provided by 1862 and 1890
land-grant universities. This database is maintained by the
Agricultural Research Service, Human Resources Division.
The purpose of this revision to the system of records is to change
the system designation from USDA/CSREES-3 to USDA/NIFA-2; change
references to the agency name to NIFA to acknowledge the
reorganization; identify changes in the way records are retrieved and
safeguarded; update the retention and disposal section to include
Records Management Policies and Procedures; update the notification
procedures, records access procedures, and contesting records
procedures to direct individuals to the Freedom of Information Act
Officer; modify the routine uses by adding four relating to security
breaches, records management inspections, oversight operations, and
access by contractors/grantees/experts/consultants/and others
performing work or working on behalf of the Department; and add the
following sections: Security classification, purpose, and disclosure to
consumer reporting agencies.
Use of this system, as established, should not result in undue
infringement of any individual's right to privacy.
The revised system of records will not be exempt from any
provisions of the Privacy Act.
Proper safeguards are taken to prevent unauthorized access to the
records. Authorization must be obtained from the Director, NIFA, or the
Chief, MSB-HRD, ARS, before information is released. All records are
accessed by unique passwords and logon procedures. Only those employees
with a need-to-know in order to perform their duties are able to access
the information.
Consistent with USDA's information-sharing mission, information
stored in the State Cooperative Extension Service Employees 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 take place only 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.
B. National Institute of Food and Agriculture Grants Systems, USDA/
NIFA-3. NIFA receives research, education, and extension grant
applications each year, of which approximately a quarter are awarded.
The majority of these applications are subjected to a rigorous peer-
review involving technical experts (scientists, educators, farmers,
engineers, and extension specialists) located worldwide. Given the
highly technical nature of many of these applications, the quality of
the peer-review greatly depends on the appropriate matching of the
subject matter of the application with the technical expertise of the
potential reviewer. NIFA maintains a database of potential reviewers.
Information in the database is used to match applications with the most
appropriate (potential) reviewers.
[[Page 24926]]
Therefore, the accuracy of the database content is integral to the
success of the NIFA peer review process. In addition to the reviewer
information, applicant information is maintained for the proper
oversight of the Federal funds and is also used to respond to inquiries
from Congress, other governmental agencies, and the grantee community.
The authorities for maintaining this system of records are National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(NARETPA), 7 U.S.C. 3318.
The purpose of this revision to the system of records is to change
the system designation from USDA/CSREES-4 to USDA/NIFA-3; change the
agency name to NIFA to acknowledge the reorganization; update the
safeguards to include agency rules and policies; update the retention
and disposal section to include Records Management Policies and
Procedures; update the notification procedures, records access
procedures, and contesting records procedures to direct individuals to
the Freedom of Information Act Officer; modify the routine uses by
adding four relating to security breaches, records management
inspections, oversight operations, and the Federal Funding
Accountability and Transparency Act of 2006 reflecting loans, grants,
or other payments to members of the public; and add the following
sections: Security classification, purpose, and disclosure to consumer
reporting agencies.
Use of this system, as established, should not result in undue
infringement of any individual's right to privacy.
The revised system of records will not be exempt from any
provisions of the Privacy Act.
Proper safeguards are taken to prevent unauthorized access to the
records. All records containing personal information are maintained in
secured file cabinets or are accessed by unique passwords and logon
procedures. Only those employees with a need-to-know in order to
perform their duties will be able to access the information.
Consistent with USDA's information sharing mission, information
stored in the National Institute of Food and Agriculture Grants Systems
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 take place only 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.
2. Two systems are being deleted as follows:
A. Current Research Information System, USDA/CSREES-1, is being
deleted as the records no longer meet the requirements for a Privacy
Act system of records.
B. International Programs Recruitment Roster, USDA/CSREES-2 is
being deleted as the records are no longer relevant and necessary to
accomplish a purpose of the Agency. The records no longer exist.
Notice is hereby given that USDA is revising two PA systems of
records and deleting two PA systems of records maintained by NIFA,
formerly CSREES.
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 are descriptions of the State Cooperative Extension Service
Employees, USDA/NIFA-2, and the National Institute of Food and
Agriculture Grant Systems, USDA/NIFA-3.
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.
Dated: April 2, 2012.
Thomas J. Vilsack,
Secretary.
System of Records Notice
USDA/NIFA-2
System name:
State Cooperative Extension Service Employees, USDA/NIFA-2.
Security classification:
None.
System location:
Records are maintained at the Department of Agriculture (USDA),
Agricultural Research Service (ARS), Human Resources Division (HRD),
Metropolitan Services Branch (MSB), Portals Building, 1280 Maryland
Avenue SW., Washington, DC 20024.
Categories of individuals covered by the system:
Categories of individuals covered by this system include: All
professional employees of the State Cooperative Extension Service from
1968 to present.
Categories of records in the system:
Categories of records in this system include: Personnel and payroll
information on professional State Cooperative Extension Service
employees.
Authority for maintenance of the system:
7 U.S.C. 341, et seq.
Purpose(s):
The purpose of this system is to prepare the annual salary analysis
report that is used as a management tool for salary analysis purposes
as well as historical purposes.
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;
[[Page 24927]]
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
individuals who 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.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are maintained in an electronic database in
a secured facility.
Retrievability:
Records may be retrieved by a unique State identifying number or
last name of the individual.
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. Authorization must be obtained
from the Director, NIFA, or the Chief, MSB-HRD, ARS, before information
is released. All records are accessed by unique passwords and logon
procedures.
Retention and disposal:
Records are retained 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. Records are retained
indefinitely.
System manager(s) and address(es):
Personnel and Data Information Specialist, MSB, HRD, ARS, USDA,
Portals Building, 1280 Maryland Avenue SW., Washington, DC 20024.
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.dm.usda.gov/foia_agency_pocs.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.
[[Page 24928]]
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Information in this system comes primarily from the State
Cooperative Extension Service employees with additional data provided
by the employees' personnel office.
Exemptions claimed for the system:
None.
System of Records Notice
USDA/NIFA-3
System name:
National Institute of Food and Agriculture Grants Systems, USDA/
NIFA-3.
Security classification:
None.
System location:
Records are maintained in Program, Grants, and Funds Management
offices and in a computerized system at the National Institute of Food
and Agriculture (NIFA), Department of Agriculture (USDA), Waterfront
Centre, 800 9th Street SW., Washington, DC 20024.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
Individuals that have submitted proposals to NIFA, either individually
or through an academic or other institution, and peer reviewers that
evaluate NIFA applicants and their proposals.
Categories of records in the system:
Categories of records in this system include: Records of the
project director, the authorized organizational representative,
potential proposal reviewers, the proposal and its identifying number,
supporting data from the academic institution or other applicant,
proposal evaluations from peer reviewers, a review record, financial
data, and other related material such as, committee or panel discussion
summaries and other agency records containing or reflecting comments on
the proposal or the applicants from peer reviewers.
Authority for maintenance of the system:
National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (NARETPA), 7 U.S.C. 3318.
Purpose(s):
NIFA receives research, education, and extension grant applications
each year, of which approximately a quarter are awarded. The majority
of these applications are subjected to a rigorous peer-review involving
technical experts (scientists, educators, farmers, engineers, extension
specialists) located world-wide. Given the highly technical nature of
many of these applications, the quality of the peer-review greatly
depends on the appropriate matching of the subject matter of the
application with the technical expertise of the potential reviewer.
NIFA maintains a database of potential reviewers. Information in the
database is used to match applications with the most appropriate
(potential) reviewers. Therefore, the accuracy of the database content
is integral to the success of the NIFA peer review process. In addition
to the reviewer information, applicant information is maintained for
the proper oversight of the Federal funds and is also used to respond
to inquiries from Congress, other governmental agencies, and the
grantee community.
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
[[Page 24929]]
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. To other Federal agencies needing names of potential reviewers
or specialists in particular fields.
J. To other Federal agencies as part of the Presidential Management
Initiative, E-Grants.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on system file servers and paper files in
the program offices at NIFA, USDA, Waterfront Centre, 800 9th Street
SW., Washington, DC 20024.
Retrievability:
Records can be retrieved by name, project leader, co-investigator,
and any other data field such as institution or title.
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. All records containing personal
information are maintained in secured file cabinets or are accessed by
unique passwords and logon procedures. Only those employees with a
need-to-know in order to perform their duties will be able to access
the information.
Retention and disposal:
Records are retained 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. The Data File is
cumulative and is maintained indefinitely, and documents are disposed
according to agency file plan and disposition schedule. Non-funded
proposals are maintained onsite for 1 year and then disposed after 3
years. Funded proposals are maintained onsite for 1 year after
completion of the award, and then transferred to the National Archive
and Records Administration.
System manager(s) and address(es):
Deputy Administrator, Office of Information Technology (OIT), NIFA,
USDA, Stop 2216, 1400 Independence Avenue SW., Washington, DC 20250-
2216. The address for express mail or overnight courier service is:
Deputy Administrator, OIT, NIFA, USDA, Waterfront Centre, 800 9th
Street SW., Washington, DC 20024.
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.dm.usda.gov/foia_agency_pocs.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:
Information in this system is obtained from the individuals
submitting the proposals and from peer reviewers.
Exemptions claimed for the system:
None.
[FR Doc. 2012-10015 Filed 4-25-12; 8:45 am]
BILLING CODE 3410-22-P