Privacy Act of 1974: New System of Records
| Published date | 16 January 2020 |
| Citation | 85 FR 2693 |
| Record Number | 2020-00658 |
| Section | Notices |
| Court | Agricultural Marketing Service,Agriculture Department |
Federal Register, Volume 85 Issue 11 (Thursday, January 16, 2020)
[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
________________________________________________________________________
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
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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 http://www.regulations.gov, including
any personal information provided. For access to the docket to read
background documents or comments received, go to http://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
