Privacy Act of 1974; System of Records, 45952-45955 [2021-17569]

Agencies

• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 45952-45955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17569]


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DEPARTMENT OF AGRICULTURE

[Docket Number: USDA-2021-0007]


Privacy Act of 1974; System of Records

AGENCY: Office of the Assistant Secretary for Civil Rights (OASCR), 
USDA.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Office of Management and Budget Circular No. A-108, the U.S. 
Department of Agriculture (USDA) proposes to create a new system of 
records, USDA/OASCR-2, Civil Rights Management System (CRMS). The 
Office of the Assistant Secretary for Civil Rights (OASCR) maintains 
CRMS, which contains program discrimination complaints, alleging 
unlawful discrimination arising within programs or activities conducted 
or assisted by USDA. The 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), storage, safeguards, retention and disposal, system 
manager and address, notification procedures, records access, and 
contesting procedures.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records is subject to a 30-day notice and comment period in which to 
comment on the routine uses described in the routine uses section of 
this system of records notice. Please submit your comments by September 
16, 2021.

ADDRESSES: You may submit comments by either of the following methods:


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    --Federal eRulemaking Portal: Go to: https://www.regulations.gov/#!docketDetail:D=USDA-2021-0007.
    --Postal Mail/Commercial Delivery: Please send one copy of our 
comment to Docket No. USDA-2021-0007, OASCR, Center for Civil Rights 
Enforcement, 1400 Independence Ave. SW, Mailstop 9410, Washington, DC 
20250, or at [email protected] or Executive Director at Center 
for Civil Rights Enforcement, OASCR, USDA, 1400 Independence Ave. SW, 
Mailstop 9410, Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Sandra Hammond, USDA, OASCR, Center for Civil Rights Enforcement, 1400 
Independence Avenue SW, Mailstop 9410, Washington, DC 20250, or at 
[email protected]. or Executive Director at Center for Civil 
Rights Enforcement, OASCR, USDA, 1400 Independence Avenue SW, Mailstop 
9410, Washington, DC 20250.
    For Privacy Act Questions: Please contact Michele Washington, 
[email protected] and for USDA Privacy Act general questions, 
please contact: [email protected].

SUPPLEMENTARY INFORMATION: The CRMS provides core support for the 
mission of Civil Rights (CR) offices, both at the department and sub-
agency levels. The CRMS serves management needs of agency heads who 
are, by law, charged with the responsibility for agency compliance with 
civil rights laws and regulations. CRMS is a cloud- based enterprise-
wide complaint tracking system, consisting of a suite of applications 
supporting USDA and all Department agencies by tracking complaints. 
Additionally, CRMS adheres to the regulatory reporting requirements and 
provides data for Civil Rights Reporting. The program discrimination 
complaints process supports enforcement of Title VI of the Civil Rights 
Act of 1964, the Rehabilitation Act, the implementing regulations at 7 
CFR part 15, and any other applicable anti-discrimination statutes, 
rules, and regulations.
    The CRMS, formerly known as PCMS, will be housed on the Salesforce 
platform supported by USDA Office of the Chief Information Officer 
(OCIO).
    The proposed revisions to the notice convey updates to the system 
location, categories of records, storage, safeguards, retention and 
disposal, system manager and address, notification procedures, records 
access, and contesting procedures.
    USDA/OASCR will share information from the system in accordance 
with the requirements of the Privacy Act. A full list of routine uses 
is included in the routine uses section of the document published with 
this notice.
    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 
Government Affairs, United States Senate; the Chairwoman, Committee on 
Oversight and Reform, House of Representatives; and the Administrator, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget.

    Done in Washington, DC.
Winona Lake Scott,
Associate Assistant Secretary for Civil Rights.

SYSTEM NAME AND NUMBER:
    USDA/OASCR-2, Civil Rights Management System, (CRMS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    OASCR maintains the records in this system and stores a hard copy 
at the National Archives and Records Administration. The electronic 
record systems are maintained on USDA servers physically located at the 
United States Department of Agriculture, 1400 Independence Drive, 
Washington, DC 20024. USDA records are housed within the SalesForce 
platform, managed and maintained by USDA/Office of the Chief 
Information Officer. These records may reside at another location 
within the Continental United States. Additionally, USDA employees may 
maintain hard or electronic copies at USDA offices.

SYSTEM MANAGER(S):
    Executive Director, Center for Civil Rights Enforcement, OASCR, 
USDA,1400 Independence Avenue SW, Washington, DC 20250, 202-720-8106.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, 42 U.S.C. 2000d, et seq., 42 U.S.C. 3608(d); 42 
U.S.C. 12101, et seq.; 20 U.S.C. 1681, et seq.; 29 U.S.C. 794; 15 
U.S.C. 1691, et seq; and 7 U.S.C. 2011, et seq.

PURPOSE(S) OF THE SYSTEM:
    CRMS provides core support for the mission of Civil Rights (CR) 
offices, both at the department and sub-agency levels. CRMS serves 
management needs of agency heads who are, by law, charged with the 
responsibility for agency compliance with civil rights laws and 
regulations. CRMS is a cloud-based enterprise-wide complaint tracking 
system, consisting of a suite of applications supporting USDA and all 
Department agencies by tracking complaints. CRMS will facilitate the 
improved management of program discrimination complaints.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include, but not 
limited to, individuals who have filed complaints of program 
discrimination by USDA, and the Department and sub-agencies. In 
addition, the system may capture information about individuals 
referenced or identified in records created or compiled as part of the 
process of documenting and processing program discrimination 
complaints.
    Individuals who may have information in the system include 
contractors, complainants, witnesses, investigators, third parties, 
Administrative Judges, legal representatives, applicants for employment 
who have filed informal or formal complaints alleging discrimination, 
customers, members of the public who have filed a complaint, and others 
who have participated or otherwise been involved in proceedings 
relating to a program discrimination complaint.
    Individuals, even if they are not users of the USDA/OASCR-2, who 
are mentioned or referenced in any documents entered into USDA/OASCR-2 
by a user are also covered. This group may include, but is not limited 
to: Vendors, agents and other business personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system consists of records created or 
compiled as part of the process of documenting and processing program 
discrimination complaints. Such records include the following: Records 
created or compiled in response to complainants' statements of alleged 
discrimination; respondents' statements; witnesses' statements; names 
and addresses of complainants and respondents; personal, employment, or 
program participation information; medical records; conciliation and 
settlement agreements; related correspondence; initial and final 
determinations; and any other records related to the intake, 
investigation, or adjudication of discrimination complaints.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from the covered 
individuals as follow: Members of the public, USDA employees, 
contractors, USDA applicants, and other individuals or

[[Page 45954]]

entities participating in program complaint matters or is taken from 
other program discrimination complaints.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, records contained in this system may be 
disclosed outside USDA as a routine use pursuant to 5 U.S.C. 
552a(b)(3), to the extent that such uses are compatible with the 
purposes for which the information was collected. Such permitted 
routine uses include the following:
    A. To the Department of Justice (DOJ) when: (a) USDA or any 
component thereof; or (b) any employee of USDA in his or her official 
capacity where the Department of Justice has agreed to represent the 
employee; or (c) the United States Government, is a party to litigation 
or has an interests in such litigation, and USDA determines that the 
records are both relevant and necessary to the litigation and the use 
of such records by the Department of Justice is deemed by USDA to be 
for a purpose that is compatible with the purpose for which USDA 
collected the records.
    B. To a congressional office in response to an inquiry from that 
Congressional office made at the written request of the individual 
about whom the record pertains.
    C. To the United States Civil Rights Commission in response to its 
request for information, per 42 U.S.C. 1975a.
    D. To the National Archives and Records Administration (NARA) or 
other Federal government agencies pursuant to records management 
activities being conducted under 44 U.S.C. 2904 and 2906.
    E. To appropriate agencies, entities, and persons when (1) USDA 
suspects or has confirmed that there has been a breach of the system of 
records; (2) 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 (3) the disclosure 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 another Federal agency or Federal entity, when information 
from this system of records is reasonably necessary to assist the 
recipient agency or entity in (1) responding to a suspected or 
confirmed breach; or (2) 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.
    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, USDA may disclose the record to the 
appropriate Federal, State, local, foreign, 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.
    G. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the USDA or other 
Agency representing the USDA determines that the records are both 
relevant and necessary to the proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    H. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for the USDA, when necessary 
to accomplish an agency function related to this system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    OASCR, Records Management Services (RMS) is responsible for 
maintaining its program complaint records. These records are 
electronically stored in CRMS and OCIO. They are under the care and 
maintenance of OASCR.
    Records maintained by OASCR are accessioned to NARA, as permanent 
records. Electronic records are stored at the USDA OCIO. USDA employees 
also may maintain paper or electronic copies at USDA offices.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Electronic and paper records are indexed by name of complainant, 
agency, and address. Paper records are retrieved from NARA. Electronic 
records are retrieved from USDA OCIO Data Center. Electronic and/or 
paper records are retrieved from USDA employees at USDA offices.
    To retrieve an individual record, an employee (with approval) would 
access CRMS or OCIO legacy database for an individual complaint file 
and enter the complainant's last and first name or the case number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained indefinitely in accordance with NARA's General 
Records Schedule 16. OASCR is working closely with the National 
Archives and Records Administration to update retention schedules. 
Records will be retained indefinitely pending NARA's approval of a 
records retention schedule.
    USDA's General Records Schedule covers records-documenting 
activities related to managing relationships among the agency, its 
employees, and its unions and bargaining units.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Physical security measures are in place to prevent unauthorized 
persons from accessing OASCR. Electronic records are stored on secure 
file servers. OASCR includes physical access controls, firewalls, 
intrusion detection systems, and system auditing to prevent 
unauthorized access. To access OASCR, users are required to complete 
the USDA eAuthentication registration process and are validated through 
role-based authentication and authorization.
    Paper files are kept in a safeguarded environment with controlled 
access only by authorized personnel. All OASCR users are also required 
to complete appropriate training to learn requirements for safeguarding 
records maintained under the Privacy Act. Digital Infrastructure 
Services Center (DISC) safeguards records and ensures that privacy 
requirements are met in accordance with Federal and cyber security 
mandates. DISC provides continuous storage management, security 
administration, regular dataset backups, and contingency planning/
disaster recovery. DISC employs automated mechanisms to restrict access 
to media storage areas. This is done by requiring a successful scan 
from the Facility Security System prior to entrance. The Facility 
Security System requires an employee to successfully scan both their 
badge and a fingerprint to access areas containing stored media. The 
DISC also employs automated

[[Page 45955]]

mechanisms to audit access attempts and access granted into these 
areas.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
submitted to the OASCR FOIA Officer, 1400 Independence Avenue SW, 
Washington, DC 20250; or by email at [email protected]. In accordance 
with 7 CFR part 1, subpart G, Sec.  1.112 (Procedures for requests 
pertaining to individual records in a record system), the request must 
include the full name of the individual making the request; the name of 
the system of records; and preference of inspection, in person or by 
mail. In accordance with 7 CFR 1.113, prior to inspection of the 
records, the requester shall present sufficient identification (e.g., 
driver's license, employee identification card, social security card, 
credit cards) to establish that the requester is the individual to whom 
the records pertain. In addition, if an individual submitting a request 
for access wishes to be supplied with copies of the records by mail, 
the requester must include with his or her request sufficient data for 
the agency to verify the requester's identity.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their request to the address indicated in 
the ``RECORD ACCESS PROCEDURES'' paragraph, above and must follow the 
procedures set forth in 7 CFR part 1, subpart G, Sec.  1.116 (Request 
for correction or amendment to record). All requests must state clearly 
and concisely what record is being contested, the reasons for 
contesting it, and the proposed amendment to the record.

NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them when the individuals request information utilizing the 
same procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2021-17569 Filed 8-16-21; 8:45 am]
BILLING CODE 3410-9R-P