Privacy Act of 1974: New System of Records, 2693-2696 [2020-00658]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2693-2696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00658]


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Notices
                                                Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules 
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / 
Notices

[[Page 2693]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-SC-19-0071; SC19-990-5]


Privacy Act of 1974: New System of Records

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Agricultural Marketing Service (AMS) proposes to add a system of 
records to its inventory of records systems. The system of records will 
cover information collected under the U.S. Domestic Hemp Production 
Program in AMS. This notice is necessary to meet the Privacy Act 
requirement that a Federal Register notice describing the existence and 
character of record systems to be maintained by the agency be 
published.

DATES: This system of records notice is applicable upon its publication 
in this issue of the Federal Register, with the exception of the new 
routine uses, which are effective February 18, 2020. AMS will accept 
comments until February 18, 2020 on the routine uses described below.

ADDRESSES: Interested persons are invited to submit written comments. 
Comments should be submitted via the Federal eRulemaking portal at 
www.regulations.gov. Comments may also be filed with the Docket Clerk, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-
0237; or Fax: (202) 720-8938. All comments received must include the 
agency name and docket number for this notice. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided. For access to the docket to read 
background documents or comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact 
William Richmond, Specialty Crops Program, AMS, USDA; 1400 Independence 
Avenue SW, Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-
9921; Email: [email protected]. For Privacy Act questions 
concerning this system of records notice, please contact the FOIA and 
Privacy Act Officer, 1400 Independence Ave. SW, Washington, DC 20250; 
Telephone: (202) 205-0288; Email: [email protected]. For USDA Privacy 
Act questions, please contact the USDA Chief Privacy Officer, 
Information Security Center, Office of Chief Information Officer, USDA, 
Jamie L. Whitten Building, 1400 Independence Ave. SW, Washington, DC 
20250; Email: [email protected].

SUPPLEMENTARY INFORMATION: The Agriculture Improvement Act of 2018 (the 
Farm Bill) mandates USDA to establish a U.S. Domestic Hemp Production 
Program (DHPP). The new program will be administered by the 
Agricultural Marketing Service (AMS), Specialty Crops Program (SCP), 
Marketing Order and Agreement Division (MOAD). The new program will 
review plans submitted by States and Tribal Nations to regulate the 
production of hemp within their jurisdictions and approve those plans 
that meet requirements. These plans must include protocols for how 
producers will submit information on the land where hemp is produced, 
testing procedures for the plants, and the disposition of plants that 
do not meet requirements. In States and Tribal Nations where the State 
or Tribal Nation does not have an approved plan (and that does not 
prohibit the production of hemp), the program will issue licenses to 
individuals and businesses who wish to produce and will also oversee 
program participant compliance.
    In support of these requirements, AMS is establishing a new system 
of records for the DHPP under the Privacy Act (5 U.S.C. 552a). As part 
of this program, the Farm Bill requires USDA to collect data from 
States and Tribal Nations regarding hemp growers under their 
jurisdiction as well as licensing information on growers operating 
under the USDA hemp production plan. Additionally, the Farm Bill 
requires USDA to share the collected information with the Attorney 
General and share real-time information with Federal, State, local or 
Tribal law enforcement.
    This system will provide a secure public facing interface where 
applicants (both individuals and businesses) can submit their licensing 
information. This system will also provide a secure interface where 
States and Tribes may submit their plans for USDA approval, their 
licensee information, land identification information, monthly reports 
on the disposal of non-conforming plants and materials, and annual 
reports.
    This system will interface with the USDA Farm Service Agency to 
enter and receive information from licensees which will include: Field 
acreage, greenhouse or indoor square footage of hemp planted; street 
address; geospatial location or other comparable identification method 
which specifies where the hemp will be produced; and legal description 
of the land.
    Additionally, this system will provide real time reporting of 
relevant data to other internal and external agencies (Farm Service 
Agency, Department of Justice (Drug Enforcement Administration) and 
State and Tribal law enforcement).
    AMS will use the information obtained only for the purposes of 
administering the laws and regulations of the DHPP, including using 
this data for regulatory enforcement actions brought in USDA 
administrative proceedings and/or Federal courts and preparing and 
releasing summary and statistical reports on agricultural commodities 
and related products. Any further dissemination not expressly 
identified here will not occur without the express written permission 
from the DHPP. The information will be reviewed only by authorized USDA 
personnel or others as identified in this document on a rolling and a 
need-to-know basis and will be kept secure. USDA will maintain such 
confidential information as required under the specific statutes and 
government policies relating to confidential information, as laid out 
below.
    Establishing a new DHPP system of records under the Privacy Act (5 
U.S.C. 552a) is required by law. The privacy rules for collecting and 
handling

[[Page 2694]]

individuals' information, and for securely managing records, are 
followed.
    A report on the new system of records, required by 5 U.S.C. 
552a(r), as implemented by Office of Management and Budget Circular A-
108, was sent to the Chairman, Committee on Homeland Security and 
Governmental Affairs, United States Senate; the Chairman, Committee on 
Oversight and Government Reform, House of Representatives; and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget.

    Done in Washington, DC, this 13th day of January 2020.
Bruce Summers,
Administrator, Agricultural Marketing Service.

SYSTEM NAME AND NUMBER
    Domestic Hemp Production Program, USDA/AMS-07

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Records will be maintained at the offices of the USDA, Agricultural 
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0244.

SYSTEM MANAGER:
    A System Manager will manage the Domestic Hemp Production Program 
system. For general information, you may contact the Marketing Order 
and Agreement Division, Specialty Crops Program, AMS, USDA; 1400 
Independence Avenue SW, Stop 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202)720-8938,

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Agriculture Improvement Act of 2018 (Farm Bill) and 7 CFR part 
990.

PURPOSE:
    The purpose of this system is to collect data from States and 
Tribal Nations regarding hemp producers licensed under their USDA-
approved plan within their jurisdiction, as well as information on 
producers operating under the USDA plan. Additionally, the Farm Bill 
requires USDA to share the collected information and data with Federal, 
State, Tribal, and local law enforcement.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include: (1) 
Producers and business entity applicants for hemp production licenses 
under a USDA-approved State or Tribal plan, or under the USDA hemp 
production plan; (2) licensed producers or business entities under a 
USDA-approved State or Tribal plan, or under the USDA hemp production 
plan; (3) individuals tasked with oversight and administration of the 
USDA Domestic Hemp Production Program, including: USDA employees, 
contractors, or other entities working on behalf of the USDA; (4) 
individuals who are regulated by the USDA Domestic Hemp Production 
Program who may be investigated for possible violations, including 
licensees, samplers, inspectors, and laboratory technicians, including 
their agents and appointees, and other non-Federal employees; and (5) 
any other individuals involved in a review or investigation as an 
alleged violator.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system will provide a secure public facing interface where 
applicants, States and Tribes may submit information to USDA. This 
system will interface with the USDA FSA to enter and receive 
information from. Additionally, this system will provide real time 
reporting of relevant data to other internal and external agencies 
pertaining to an alleged violation of the Domestic Hemp Production 
Program, including: Name, address information (street or email 
address), personal identification numbers (employer identification 
number [EIN], system-generated license number), criminal history, and 
case file information for producers under a State, Tribal plan, or the 
USDA production plan. The case file contains evidence gathered in the 
course of the review or investigations. The system will contain the 
following records:
     Records relating to hemp production license applications 
or renewals:
    [cir] State and Tribal Nation production plans;
    [cir] Applicant, business entity or licensee name;
    [cir] Names and titles of a business entity's key participants (if 
applicable);
    [cir] Mailing or principal business address;
    [cir] Email address (if applicable);
    [cir] Phone number;
    [cir] Employer Identification Number (if applicable);
    [cir] Criminal history report;
    [cir] Name of USDA-approved plan under which licensed or applying 
for license;
    [cir] License or authorization number (if applicable);
    [cir] License or authorization status;
    [cir] Date license was issued and will expire;
    [cir] Name of legal owner of land for hemp production; and
    [cir] Signature or affidavit of applicant or licensee (USDA plan 
only).
     Records relating to compliance including, but not limited 
to:
    [cir] Laboratory hemp lot test reports, including:
    [cir] Name of licensee or authorized person;
    [cir] Licensee or authorized person address;
    [cir] Name of USDA-approved plan under which licensed;
    [cir] License number or authorization identifier;
    [cir] License or authorization type (producer or business entity);
    [cir] Lot number;
    [cir] Date and time of test;
    [cir] Percentage delta-9 tetrahydrocannabinol concentration; and
    [cir] Test result (retest, pass, fail).
    [cir] Hemp lot disposal reports, including:
    [cir] Licensee or authorized person name;
    [cir] License or authorization number;
    [cir] Licensee or authorized person address;
    [cir] Name of USDA-approved plan under which licensed;
    [cir] Lot number;
    [cir] Lot location (Greenhouse, indoor or field production);
    [cir] Geospatial location or other valid land descriptor;
    [cir] Date of completion of disposal;
    [cir] Total acreage disposed;
    [cir] Name of Disposition Agent;
    [cir] Name of Disposition Organization;
    [cir] Signature of Licensee or authorized person; and
    [cir] Signature of Disposition Agent.
    [cir] Licensee annual reports, including;
    [cir] Licensee or authorized person name;
    [cir] License or authorization number;
    [cir] Licensee or authorized person address;
    [cir] Name of USDA-approved plan under which licensed;
    [cir] Lot number (if applicable);
    [cir] Lot location (if applicable);
    [cir] Geospatial location or other valid land descriptor (if 
applicable);
    [cir] Total acreage planted;
    [cir] Total acreage disposed; and
    [cir] Total acreage harvested.
     Records related to Enforcement:
    [cir] Name of Complainant;
    [cir] Mailing address;
    [cir] Email address (if applicable);
    [cir] Phone number; and
    [cir] Summary of Complaint.

RECORD SOURCE CATEGORIES:
    These records contain information obtained from: The individual or 
entity

[[Page 2695]]

who is the subject of these records including a complainant or subject 
of an audit; USDA Farm Service Agency; U.S. Domestic Hemp Production 
Program; States and Tribal governments; and laboratories authorized to 
test hemp.

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, records maintained in the system may be 
disclosed outside USDA, as follows, to the extent that such disclosures 
are compatible with the purposes for which the information was 
collected:
    (1) To the Department of Justice when: (a) The agency or any 
component thereof; or (b) any employee of the agency in his or her 
official capacity where the Department of Justice has agreed to 
represent the employee; (c) any employee of the agency in his or her 
individual capacity where the agency or the Department of Justice has 
agreed to represent the employee; or (d) the United States Government, 
is a party to litigation or has an interest in such litigation, and by 
careful review, the agency determines that the records are both 
relevant and necessary to the litigation and the use of such records by 
the Department of Justice is therefore deemed by the agency to be for a 
purpose that is compatible with the purpose for which the agency 
collected the records.
    (2) To a court or adjudicative body in a proceeding when: (a) The 
agency or any component thereof; or (b) any employee of the agency in 
his or her official capacity; or (c) any employee of the agency in his 
or her individual capacity where the agency has agreed to represent the 
employee; or (d) the United States Government, is a party to litigation 
or has an interest in such litigation, and by careful review, the 
agency determines that the records are both relevant and necessary to 
the litigation.
    (3) To law enforcement in real time as required by Section 297C(d) 
of the Farm Bill. Information to be shared via this routine use will 
include contact information for each hemp producer, a legal description 
of the land on which hemp is grown, and the license status of each 
producer.
    (4) To law enforcement: When a record on its face, or in 
conjunction with other records, indicates a violation or potential 
violation of law, whether civil, criminal or regulatory in nature, and 
whether arising by general statute or particular program statute, or by 
regulation, rule, or order issued pursuant thereto, disclosure may be 
made to the appropriate agency, whether Federal, foreign, State, local, 
or Tribal, or other public authority responsible for enforcing, 
investigating, or prosecuting such violation or charged with enforcing 
or implementing the statute, or rule, regulation, or order issued 
pursuant thereto, if the information disclosed is relevant to any 
enforcement, regulatory, investigative or prosecutive responsibility of 
the receiving entity.
    (5) To a Congressional office from the record of an individual in 
response to any inquiry from that Congressional office made at the 
written request of the individual to whom the record pertains.
    (6) To the National Archives and Records Administration or to the 
General Services Administration for records management activities 
conducted under 44 U.S.C. 2904 and 2906.
    (7) To agency contractors, grantees, experts, or consultants who 
have been engaged by the agency to assist in the performance of a 
service related to this system of records and who need to have access 
to the records in order to perform the activity.
    (8) To a Federal, State, local or Tribal agency maintaining civil, 
criminal, or other relevant enforcement records, or other pertinent 
records, or to another public authority or professional organization, 
if necessary, to obtain information relevant to an investigation 
concerning the issuance, retention or revocation of a license.
    (9) To a Federal, State, local, or Tribal or other public authority 
the fact that this system of records contains information relevant to 
the issuance, retention or revocation of a license. The other agency or 
licensing organization may then make a request supported by the written 
consent of the individual for the entire record if it so chooses. No 
disclosure will be made unless the information has been determined to 
be sufficiently reliable to support a referral to another office within 
the agency or to another Federal agency for criminal, civil, 
administrative, personnel, or regulatory action.
    (10) To appropriate agencies, entities, and persons when: (a) USDA 
suspects or has confirmed that there has been a breach of the system of 
records; (b) USDA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, USDA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (c) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with USDA's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    (11) To another Federal agency or Federal entity, when the USDA 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in paper and electronic format. In the 
beginning, the information will be stored in hard copy until the 
electronic system can securely store all the records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by individual or business name, individual or 
business address, or other unique identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be retained indefinitely until appropriate disposition 
authority is obtained, and records will then be disposed of in 
accordance with the authority granted.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All records containing personal information are maintained in 
secured file cabinets or in restricted areas, in which access is 
limited to authorized personnel. Access to computerized data is 
password-protected and under the responsibility of the system manager 
and subordinates. The database administrator has the ability to review 
audit trails, thereby permitting regular ad hoc monitoring of computer 
usage.

RECORDS ACCESS PROCEDURES:
    Any individual may request information concerning himself/herself 
from the System Manager. Individuals seeking access to any record 
contained in this system of records, or seeking to contest its 
contents, may submit a request in writing to the Chief Information 
Officer, Department of Agriculture, Agricultural Marketing Service, 
Mail Stop 0244, Room 1752-S, 1400 Independence Avenue SW, Washington, 
DC 20250-0244.
    When seeking records about yourself from this system of records or 
any other

[[Page 2696]]

Departmental system of records, your request must conform to the 
Privacy Act regulations set forth in 7 CFR part 1, subpart G. 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 more information for this purpose from the AMS 
FOIA and Privacy Act Officer, Telephone: (202) 205-0288; Email: 
[email protected]. In addition, you should provide the following:
     An explanation of why you believe the Department would 
have information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the record would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which AMS 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 or her agreement for you to access his or her records.
    Without complete 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.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the address indicated in the 
``Record Access'' section, above. An individual who is the subject of a 
record in this system may seek to amendment their records. A 
determination whether a record may be amended will be made at the time 
a request is received.

NOTIFICATION PROCEDURES:
    Any individual may request general information regarding this 
system of records or information as to whether the system contains 
records pertaining to him/her from the System Manager. All inquiries 
pertaining to this system should be in writing and submitted to the 
address listed below in the Records Access Procedures section, must 
name the system of records as set forth in the system notice, and must 
contain the individual's name, telephone number, address, and email 
address.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    N/A

HISTORY:
    N/A.

[FR Doc. 2020-00658 Filed 1-15-20; 8:45 am]
 BILLING CODE 3410-02-P