Privacy Act of 1974; System of Records, 14238-14240 [2018-06759]
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14238
Notices
Federal Register
Vol. 83, No. 64
Tuesday, April 3, 2018
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
Privacy Act of 1974; System of
Records
Office of the Chief Information
Officer (OCIO).
AGENCY:
Notice of a new System of
Records.
ACTION:
In accordance with the
Privacy Act of 1974, as amended, the
U.S. Department of Agriculture (USDA),
Office of the Chief Information Officer
(OCIO), proposes to establish a new
system of records entitled, Freedom of
Information Act (FOIA) and Privacy Act
(PA) Requests and Administrative
Appeals Files, to cover both electronic
and paper files created during the
processing of access requests and
appeals under the FOIA and PA and
amendment requests under the PA in all
USDA components with the exception
of the Office of the Inspector General
(OIG) whom maintains its own system
of records for these types of files. The
OCIO is also deleting USDA/OCIO–01—
Freedom of Information Act Express
(FX) published at 76 FR 54190 (August
31, 2011) because the new system
would be duplicative.
SUMMARY:
This notice will be effective
without further notice on June 4, 2018
unless modified by a subsequent notice
to incorporate comments received from
the public. Written or electronic
comments must be received by the
contact person listed below on or before
May 3, 2018 to be assured
consideration.
DATES:
The public, Office of
Management and Budget (OMB), and
Congress are invited to submit any
comments to USDA, Attn: Department
FOIA Officer, Office of the Chief
Information Officer, USDA, 1400
Independence Avenue SW, Room 428–
W, Washington, DC 20250, or by email
to USDAFOIA@ocio.usda.gov.
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ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Alexis R. Graves, Department FOIA
Officer, Office of the Chief Information
Officer, USDA, 1400 Independence
Avenue SW, Room 428–W, Washington,
DC 20250.
FOIA, 5 U.S.C. 552, as amended; The
Privacy Act of 1974, 5 U.S.C. 552a, as
amended.
This
system of record notice (SORN) extends
the coverage previously provided in
USDA/OCIO–01—Freedom of
Information Act Express (FX) to include
other internal tracking systems in
addition to electronic and paper files.
As such, the new system conveys
updated system locations, categories of
records, routine uses one of which
permits records to be provided to the
National Archives and Records
Administration, Office of Government
Information Services for purposes set
forth under 5 U.S.C. 552(h)(2)(A–B) and
(3), storage, safeguards, retention and
disposal, system manager and address,
notification procedures, records access,
and contesting procedures.
SUPPLEMENTARY INFORMATION:
Dated: March 29, 2018.
Stephen L. Censky,
Deputy Secretary.
SYSTEM NAME AND NUMBER
Freedom of Information Act (FOIA)
and Privacy Act (PA) Requests and
Administrative Appeals Files. USDA/
OCIO–03.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The records in this system are
maintained at 1400 Independence Ave.
SW, Washington, DC 20250. n USDA’s
enterprise wide tracking system, in
other tracking systems maintained by
USDA components, and in offices
throughout the United States, Puerto
Rico and the U.S. Virgin Islands, and
USDA offices abroad.
SYSTEM MANAGER(S):
Ravoyne Payton, Associate Chief
Information Officer; Policy, EGovernment and Fair Information
Practices; 1400 Independence Avenue,
Room 428–W, Washington, DC 20250
A listing of the system managers and
addresses by USDA component is
available at https://www.dm.usda.gov/
foia/poc.htm.
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PURPOSE(S) OF THE SYSTEM:
Only authorized USDA FOIA and PA
officials will utilize this system to
effectively monitor and track access
requests and administrative appeals
under the FOIA and PA; to process
access requests under the FOIA and PA;
to amend requests under the PA; to
manage fees and calculations under the
FOIA; and to satisfy USDA’s reporting
obligations under the FOIA and PA.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records on
individuals or their representatives who
have submitted FOIA or PA requests for
records and/or FOIA administrative
appeals with the USDA; individuals
whose FOIA or PA requests for records
have been referred to the USDA by other
Federal agencies; individuals who are
the subject of or are named in such
FOIA or PA requests or appeals;
attorneys or other persons representing
individuals submitting such FOIA or PA
requests and appeals; and/or the USDA
personnel assigned to handle such FOIA
or PA requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records
created or compiled in response to FOIA
requests, PA requests or both FOIA/PA
requests for records or subsequent
administrative appeals to include: The
requester’s name, address, telephone
number, email address; amount of fees
paid, and payment delinquencies, if
any; the original requests and
administrative appeals; responses to
such requests and appeals; all related
memoranda, correspondence, notes, and
other related or supporting
documentation, summary of log, and in
some instances copies of requested
records and records under
administrative appeal.
Note: Since these FOIA/PA case records
contain inquiries and requests seeking access
to records in other USDA systems of records
subject to the PA, information about
individuals from any of these other systems
may become part of this FOIA and PA File
System.
RECORD SOURCE CATEGORIES:
Information in this system of records
is obtained from the individual
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submitting the request, USDA officials,
and other Federal agencies.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
USDA may disclose information
contained in a record in this system of
records under the routine uses listed in
this system of records without the
consent of the individual if the
disclosure is compatible with a purpose
for which the record was collected.
A. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
B. 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 prosecute responsibility
of the receiving entity.
C. To the National Archives and
Records Administration for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures, and compliance with the
Freedom of Information Act, and to
facilitate OGIS’ offering of mediation
services to resolve disputes between
persons making FOIA requests and
administrative agencies.
E. To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
government, when necessary to
accomplish an agency function related
to this system of records.
F. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
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information as is necessary and relevant
to such audit or oversight function.
G. To a Federal agency in order to
obtain advice and recommendations
concerning matters on which the agency
has specialized experience or particular
competence, for use in making required
determinations under the FOIA and PA.
H. To a submitter or subject of a
record or information in order to obtain
assistance to the Department in making
a determination as to access or
amendment.
I. To the appropriate agencies,
entities, and persons when:
1. USDA suspects or has confirmed
that the security or confidentiality of
information in a 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 systems or programs
(whether maintained by the UDSA or
another agency or entity) 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 for purposes of
facilitating responses and remediation
efforts in the event of a data breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper records are kept in file folders
in locked file cabinets. Electronic
records are kept in various computer
databases, a web-based portal
maintained by OCIO’s service provider,
and in electronic files maintained by the
USDA’s component offices.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Electronic and paper records are
generally retrieved by the name of the
requester, component’s tracking
number, or the subject of the request.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with the National
Archives and Records Administration’s
General Records Schedule 14, but may
be retained for a longer period as
required by litigation, open
investigation, and/or audit.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
applicable laws, rules, and policies
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14239
including USDA’s automated systems
security and access policies. In general,
records and technical equipment are
maintained in buildings with restricted
access. The required use of password
protection identification features and
other system protection methods also
restrict access. Access is limited to those
employees who have an official need for
access in order to perform their duty.
RECORD ACCESS PROCEDURES:
Records concerning initial requests
under the FOIA and the Privacy Act and
administrative appeals are maintained
by the individual USDA component to
which the initial request or
administrative appeal was addressed or
directed. Inquiries or requests for access
regarding these records should be
addressed to the particular USDA
component maintaining the records. If
the USDA component is unknown,
contact the USDA Department FOIA
Officer, Office of the Chief Information
Officer, USDA, 1400 Independence
Avenue SW, Room 428–W, Washington,
DC 20250.
Your full name and current address
should accompany requests for access.
You will also be required at a minimum
to sign your request. 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.
In addition, the request for access
should (1) explain why you believe the
USDA component would have
information on you and (2) if known,
when you believe the records would
have been created. Without the above
information, the USDA component may
be unable to conduct an effective search,
and your request may be denied due to
lack of specificity or lack of compliance
with applicable regulations.
Note: An individual, who is the subject of
a record in the system, may access those
records that are not exempt from disclosure.
A determination whether a record may be
accessed will be made at the time a request
is received.
If you are seeking records pertaining
to another living individual, you must
obtain a statement from that individual
certifying their agreement for you to
access their records.
CONTESTING RECORD PROCEDURES:
When seeking to contest or amend
information about you maintained in
the system, direct your requests to the
USDA component you believe
maintains the record. Be sure to state
clearly and concisely what information
is being contested, the reasons for
contesting it, and the proposed
amendment to the information sought.
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Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices
NOTIFICATION PROCEDURES:
Same as Record Access Procedures.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
During the course of a FOIA and/or
PA action, material from systems of
records may become part of the case
records in this system of records. To the
extent that copies of these records from
these other systems of records are
entered into these PA case records,
USDA hereby claims the same status for
the records as claimed in the original,
primary system of records from which
they originated, or in which they are
maintained.
HISTORY:
This new system of record notice
broadens coverage beyond the
enterprise wide tracking system
previously referenced in soon to be
deleted USDA/OCIO–01—Freedom of
Information Act Express (FX) to include
other internal tracking systems in
addition to electronic and paper files.
The new notice also conveys updates to
the system location, categories of
records, routine uses one of which
permits records to be provided to the
National Archives and Records
Administration, Office of Government
Information Services for purposes set
forth under 5 U.S.C. 552(h)(2)(A–B) and
(3), storage, safeguards, retention and
disposal, system manager and address,
notification procedures, records access,
and contesting procedures.
Children (WIC). These income eligibility
guidelines are to be used in conjunction
with the WIC Regulations.
DATES: Implementation date July 1,
2018.
FOR FURTHER INFORMATION CONTACT:
Kurtria Watson, Chief, Policy Branch,
Supplemental Food Programs Division,
FNS, USDA, 3101 Park Center Drive,
Alexandria, Virginia 22302, (703) 605–
4387.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This notice is exempt from review by
the Office of Management and Budget
under Executive Order 12866.
Regulatory Flexibility Act
This action is not a rule as defined by
the Regulatory Flexibility Act (5 U.S.C.
601–612) and thus is exempt from the
provisions of this Act.
Paperwork Reduction Act of 1995
This notice does not contain reporting
or recordkeeping requirements subject
to approval by the Office of
Management and Budget in accordance
with the Paperwork Reduction Act of
1995 (44 U.S.C. 3507).
Executive Order 12372
DEPARTMENT OF AGRICULTURE
This program is listed in the Catalog
of Federal Domestic Assistance
Programs under No. 10.557, and is
subject to the provisions of Executive
Order 12372, which requires
intergovernmental consultation with
State and local officials (7 CFR part
3015, subpart V, 48 FR 29100, June 24,
1983, and 49 FR 22675, May 31, 1984).
Food and Nutrition Service
Description
[FR Doc. 2018–06759 Filed 4–2–18; 8:45 am]
BILLING CODE 3410–KR–P
Special Supplemental Nutrition
Program for Women, Infants and
Children (WIC): 2018/2019 Income
Eligibility Guidelines
Food and Nutrition Service
(FNS), USDA.
ACTION: Notice.
AGENCY:
The U.S. Department of
Agriculture (‘‘Department’’) announces
adjusted income eligibility guidelines to
be used by State agencies in
determining the income eligibility of
persons applying to participate in the
Special Supplemental Nutrition
Program for Women, Infants and
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SUMMARY:
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Section 17(d)(2)(A) of the Child
Nutrition Act of 1966, as amended (42
U.S.C. 1786(d)(2)(A)), requires the
Secretary of Agriculture to establish
income criteria to be used with
nutritional risk criteria in determining a
person’s eligibility for participation in
the WIC Program. The law provides that
persons will be income-eligible for the
WIC Program only if they are members
of families that satisfy the income
standard prescribed for reduced-price
school meals under section 9(b) of the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(b)). Under
section 9(b), the income limit for
reduced-price school meals is 185
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percent of the Federal poverty
guidelines, as adjusted.
Section 9(b) also requires that these
guidelines be revised annually to reflect
changes in the Consumer Price Index.
The annual revision for 2018 was
published by the Department of Health
and Human Services (HHS) at 83 FR
2642, January 18, 2018. The guidelines
published by HHS are referred to as the
‘‘poverty guidelines.’’
Section 246.7(d)(1) of the WIC
regulations (Title 7, Code of Federal
Regulations) specifies that State
agencies may prescribe income
guidelines either equaling the income
guidelines established under Section 9
of the Richard B. Russell National
School Lunch Act for reduced-price
school meals, or identical to State or
local guidelines for free or reducedprice health care. However, in
conforming WIC income guidelines to
State or local health care guidelines, the
State cannot establish WIC guidelines
which exceed the guidelines for
reduced-price school meals, or which
are less than 100 percent of the Federal
poverty guidelines. Consistent with the
method used to compute income
eligibility guidelines for reduced-price
meals under the National School Lunch
Program, the poverty guidelines were
multiplied by 1.85 and the results
rounded upward to the next whole
dollar.
At this time, the Department is
publishing the maximum and minimum
WIC income eligibility guidelines by
household size for the period of July 1,
2018 through June 30, 2019. Consistent
with section 17(f)(17) of the Child
Nutrition Act of 1966, as amended (42
U.S.C. 1786(f)(17)), a State agency may
implement the revised WIC income
eligibility guidelines concurrently with
the implementation of income eligibility
guidelines under the Medicaid Program
established under Title XIX of the Social
Security Act (42 U.S.C. 1396, et seq.).
State agencies may coordinate
implementation with the revised
Medicaid guidelines, i.e., earlier in the
year, but in no case may
implementation take place later than
July 1, 2018. State agencies that do not
coordinate implementation with the
revised Medicaid guidelines must
implement the WIC income eligibility
guidelines on or before July 1, 2018.
BILLING CODE 3410–30–P
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]]>Agencies
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14238-14240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06759]
========================================================================
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. 83, No. 64 / Tuesday, April 3, 2018 /
Notices
[[Page 14238]]
DEPARTMENT OF AGRICULTURE
Privacy Act of 1974; System of Records
AGENCY: Office of the Chief Information Officer (OCIO).
ACTION: Notice of a new System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
U.S. Department of Agriculture (USDA), Office of the Chief Information
Officer (OCIO), proposes to establish a new system of records entitled,
Freedom of Information Act (FOIA) and Privacy Act (PA) Requests and
Administrative Appeals Files, to cover both electronic and paper files
created during the processing of access requests and appeals under the
FOIA and PA and amendment requests under the PA in all USDA components
with the exception of the Office of the Inspector General (OIG) whom
maintains its own system of records for these types of files. The OCIO
is also deleting USDA/OCIO-01--Freedom of Information Act Express (FX)
published at 76 FR 54190 (August 31, 2011) because the new system would
be duplicative.
DATES: This notice will be effective without further notice on June 4,
2018 unless modified by a subsequent notice to incorporate comments
received from the public. Written or electronic comments must be
received by the contact person listed below on or before May 3, 2018 to
be assured consideration.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress are invited to submit any comments to USDA, Attn: Department
FOIA Officer, Office of the Chief Information Officer, USDA, 1400
Independence Avenue SW, Room 428-W, Washington, DC 20250, or by email
to [email protected].
FOR FURTHER INFORMATION CONTACT: Alexis R. Graves, Department FOIA
Officer, Office of the Chief Information Officer, USDA, 1400
Independence Avenue SW, Room 428-W, Washington, DC 20250.
SUPPLEMENTARY INFORMATION: This system of record notice (SORN) extends
the coverage previously provided in USDA/OCIO-01--Freedom of
Information Act Express (FX) to include other internal tracking systems
in addition to electronic and paper files. As such, the new system
conveys updated system locations, categories of records, routine uses
one of which permits records to be provided to the National Archives
and Records Administration, Office of Government Information Services
for purposes set forth under 5 U.S.C. 552(h)(2)(A-B) and (3), storage,
safeguards, retention and disposal, system manager and address,
notification procedures, records access, and contesting procedures.
Dated: March 29, 2018.
Stephen L. Censky,
Deputy Secretary.
SYSTEM NAME AND NUMBER
Freedom of Information Act (FOIA) and Privacy Act (PA) Requests and
Administrative Appeals Files. USDA/OCIO-03.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The records in this system are maintained at 1400 Independence Ave.
SW, Washington, DC 20250. n USDA's enterprise wide tracking system, in
other tracking systems maintained by USDA components, and in offices
throughout the United States, Puerto Rico and the U.S. Virgin Islands,
and USDA offices abroad.
SYSTEM MANAGER(S):
Ravoyne Payton, Associate Chief Information Officer; Policy, E-
Government and Fair Information Practices; 1400 Independence Avenue,
Room 428-W, Washington, DC 20250
A listing of the system managers and addresses by USDA component is
available at https://www.dm.usda.gov/foia/poc.htm.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
FOIA, 5 U.S.C. 552, as amended; The Privacy Act of 1974, 5 U.S.C.
552a, as amended.
PURPOSE(S) OF THE SYSTEM:
Only authorized USDA FOIA and PA officials will utilize this system
to effectively monitor and track access requests and administrative
appeals under the FOIA and PA; to process access requests under the
FOIA and PA; to amend requests under the PA; to manage fees and
calculations under the FOIA; and to satisfy USDA's reporting
obligations under the FOIA and PA.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals or their
representatives who have submitted FOIA or PA requests for records and/
or FOIA administrative appeals with the USDA; individuals whose FOIA or
PA requests for records have been referred to the USDA by other Federal
agencies; individuals who are the subject of or are named in such FOIA
or PA requests or appeals; attorneys or other persons representing
individuals submitting such FOIA or PA requests and appeals; and/or the
USDA personnel assigned to handle such FOIA or PA requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created or compiled in response to
FOIA requests, PA requests or both FOIA/PA requests for records or
subsequent administrative appeals to include: The requester's name,
address, telephone number, email address; amount of fees paid, and
payment delinquencies, if any; the original requests and administrative
appeals; responses to such requests and appeals; all related memoranda,
correspondence, notes, and other related or supporting documentation,
summary of log, and in some instances copies of requested records and
records under administrative appeal.
Note: Since these FOIA/PA case records contain inquiries and
requests seeking access to records in other USDA systems of records
subject to the PA, information about individuals from any of these
other systems may become part of this FOIA and PA File System.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
individual
[[Page 14239]]
submitting the request, USDA officials, and other Federal agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
USDA may disclose information contained in a record in this system
of records under the routine uses listed in this system of records
without the consent of the individual if the disclosure is compatible
with a purpose for which the record was collected.
A. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
B. 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 prosecute responsibility of the receiving entity.
C. To the National Archives and Records Administration for purposes
of records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act, and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
E. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government, when
necessary to accomplish an agency function related to this system of
records.
F. 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.
G. To a Federal agency in order to obtain advice and
recommendations concerning matters on which the agency has specialized
experience or particular competence, for use in making required
determinations under the FOIA and PA.
H. To a submitter or subject of a record or information in order to
obtain assistance to the Department in making a determination as to
access or amendment.
I. To the appropriate agencies, entities, and persons when:
1. USDA suspects or has confirmed that the security or
confidentiality of information in a 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 systems or programs (whether maintained by the UDSA or
another agency or entity) 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 for purposes of facilitating responses and
remediation efforts in the event of a data breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are kept in file folders in locked file cabinets.
Electronic records are kept in various computer databases, a web-based
portal maintained by OCIO's service provider, and in electronic files
maintained by the USDA's component offices.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Electronic and paper records are generally retrieved by the name of
the requester, component's tracking number, or the subject of the
request.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the
National Archives and Records Administration's General Records Schedule
14, but may be retained for a longer period as required by litigation,
open investigation, and/or audit.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies including USDA's automated systems
security and access policies. In general, records and technical
equipment are maintained in buildings with restricted access. The
required use of password protection identification features and other
system protection methods also restrict access. Access is limited to
those employees who have an official need for access in order to
perform their duty.
RECORD ACCESS PROCEDURES:
Records concerning initial requests under the FOIA and the Privacy
Act and administrative appeals are maintained by the individual USDA
component to which the initial request or administrative appeal was
addressed or directed. Inquiries or requests for access regarding these
records should be addressed to the particular USDA component
maintaining the records. If the USDA component is unknown, contact the
USDA Department FOIA Officer, Office of the Chief Information Officer,
USDA, 1400 Independence Avenue SW, Room 428-W, Washington, DC 20250.
Your full name and current address should accompany requests for
access. You will also be required at a minimum to sign your request.
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. In addition, the request for access
should (1) explain why you believe the USDA component would have
information on you and (2) if known, when you believe the records would
have been created. Without the above information, the USDA component
may be unable to conduct an effective search, and your request may be
denied due to lack of specificity or lack of compliance with applicable
regulations.
Note: An individual, who is the subject of a record in the
system, may access those records that are not exempt from
disclosure. A determination whether a record may be accessed will be
made at the time a request is received.
If you are seeking records pertaining to another living individual,
you must obtain a statement from that individual certifying their
agreement for you to access their records.
CONTESTING RECORD PROCEDURES:
When seeking to contest or amend information about you maintained
in the system, direct your requests to the USDA component you believe
maintains the record. Be sure to state clearly and concisely what
information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
[[Page 14240]]
NOTIFICATION PROCEDURES:
Same as Record Access Procedures.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
During the course of a FOIA and/or PA action, material from systems
of records may become part of the case records in this system of
records. To the extent that copies of these records from these other
systems of records are entered into these PA case records, USDA hereby
claims the same status for the records as claimed in the original,
primary system of records from which they originated, or in which they
are maintained.
HISTORY:
This new system of record notice broadens coverage beyond the
enterprise wide tracking system previously referenced in soon to be
deleted USDA/OCIO-01--Freedom of Information Act Express (FX) to
include other internal tracking systems in addition to electronic and
paper files. The new notice also conveys updates to the system
location, categories of records, routine uses one of which permits
records to be provided to the National Archives and Records
Administration, Office of Government Information Services for purposes
set forth under 5 U.S.C. 552(h)(2)(A-B) and (3), storage, safeguards,
retention and disposal, system manager and address, notification
procedures, records access, and contesting procedures.
[FR Doc. 2018-06759 Filed 4-2-18; 8:45 am]
BILLING CODE 3410-KR-P
