[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 http://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