[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81205-81209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32457]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act: Revision of Privacy Act Systems of Records
AGENCY: Office of the Secretary, USDA.
ACTION: Notice to Revise Privacy Act Systems of Records.
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SUMMARY: Notice is hereby given that the United States Department of
Agriculture (USDA) proposes to revise two Privacy Act Systems of
Records entitled ``Information on Persons Disqualified from the
Supplemental Nutrition Assistance Program'' and ``Supplemental
Nutrition Assistance Program Retailer Information.'' These systems are
owned, administered, and secured by the Food and Nutrition Service
(FNS). The primary purpose of these systems is to assist in the
administration and enforcement of the Supplemental Nutrition Assistance
Program (SNAP), as well as other Federal and State laws.
DATES: Effective Date: This notice will be adopted without further
publication in the Federal Register on January 26, 2011, unless
modified by a subsequent notice to incorporate comments received from
the public. Although the Privacy Act requires only that the portion of
the system which describes the ``routine uses'' of the system be
published for comment, USDA invites comment on all portions of this
notice. Comments must be received by the contact person listed below on
or before January 26, 2011.
FOR FURTHER INFORMATION CONTACT: Jennifer Weatherly, Freedom of
Information Act Officer, Information Management Branch, Food and
Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, Virginia
22302; telephone (703) 605-0773 or via e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a,
FNS proposes to revise USDA/FNS-5, Information on Persons Disqualified
from the Supplemental Nutrition Assistance Program, and USDA/FNS-9,
Supplemental Nutrition Assistance Program Retailer Information, to
reflect the safeguarding of data from security breaches and updates to
the collection of data. These two systems of records are being revised
to include a change to the routine use and exemptions that protect the
information within the systems. The system of records notices explain
how the records within the system will be used and with whom they will
be shared. USDA/FNS-9 contains personal information from owners and
officers of firms and other entities currently participating in SNAP
and those who have previously participated in the program. USDA/FNS-5
contains personal information about persons disqualified from
participating in SNAP.
Dated: December 14, 2010.
Thomas J. Vilsack,
Secretary of Agriculture.
REVISION
USDA/FNS-5
System name:
USDA/FNS-5, Information on Persons Disqualified from the
Supplemental Nutrition Assistance Program.
Security classification:
None.
System location:
This system of records is under the control of the Deputy
Administrator, Supplemental Nutrition Assistance Program, Food and
Nutrition Service, United States Department of Agriculture, 3101 Park
Center Drive, Alexandria, Virginia 22302. The data will be maintained
at the Department's National Computer Center, Kansas City, Missouri
(NCC-KC).
Categories of individuals covered by the system:
The system consists of information about individuals who have been
disqualified from SNAP participation
[[Page 81206]]
for intentionally violating SNAP regulations.
Categories of records in the system:
The system consists of standardized records containing identifying
information (first name, middle initial, last name, Social Security
number (SSN), date of birth, and sex) about individuals disqualified
from SNAP and information identifying the location, date(s) and
length(s) of any disqualification determined and imposed.
Authority for maintenance of the system:
7 U.S.C. 2011-2031.
Purpose(s):
To facilitate the Congressional mandate to increase the severity of
disqualifications from SNAP for repeated instances of fraudulently
obtaining SNAP benefits and to verify eligibility of applicants for
SNAP benefits.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records contained in this system may be disclosed, as part of a
computer matching program or otherwise, to State agency personnel
responsible for investigating or prosecuting violations of SNAP
regulations, and to Federal, State, and local officials responsible for
administration of SNAP. Records contained in this system also may be
disclosed to the General Accounting Office for program audit purposes.
Information security breaches will be disclosed to appropriate
agencies, entities, and persons when (1) FNS suspects or has confirmed
that the security or confidentiality of information in the system of
records has been compromised; (2) the Department 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 this system or other systems or
programs (whether maintained by the Department 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 the Department's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
(1) FNS may disclose information from this system of records to the
Department of Justice (DOJ), a court or other tribunal, or another
party before such tribunal, when USDA, any component thereof, or any
employee of the USDA in his or her official capacity, any USDA employee
in his or her individual capacity where DOJ (or USDA where it is
authorized to do so) has agreed to represent the employee, or the
United States where USDA determines that the litigation is likely to
affect directly the operations of USDA or any of its components, is a
party to the litigation or has an interest in such litigation, and USDA
determines that the use of such records by DOJ, the court or other
tribunal, or the other party before such tribunal is relevant and
necessary to the litigation; provided, however, that in each case, USDA
determines that such disclosure is compatible with the purpose for
which the records were collected.
(2) FNS may disclose records from this system of records to a
congressional office from the record of an individual provided that
individual gave the congressional office written permission to inquire
on his or her behalf.
(3) Disclosures pursuant to 5 U.S.C. 552a(b)(12). Disclosures may
be made from this system to ``consumer reporting agencies'' as defined
in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Debt
Collection Act of 1982 (31 U.S.C. 3711(d)(4)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on the Department's computers at the NCC-KC
or on magnetic tapes or other electronic media at that facility.
Retrievability:
Records may be indexed and retrieved by name of the individual, by
SSN, by Federal Information Processing Standard (FIPS) code, or by a
State case-file identification number.
Safeguards:
Records will be available only to identified State agency personnel
charged with SNAP enforcement. Voice recognition or other biometric
technology may be used; such a system will release information only to
authorized individuals calling from authorized telephone numbers.
Online access to the NCC-KC database will be restricted to FNS
personnel charged with system management. The NCC-KC is the repository
of numerous Department systems of records and other sensitive
databases. It was constructed and is maintained as a highly secure
facility. State agencies will be provided information from this system
of records only upon entering into a written agreement with FNS. This
agreement includes the understanding that State agencies will provide
full security for data released to them and will limit access to this
data to authorized personnel only. Any reports generated by FNS will be
for system evaluation purposes only and will be maintained in secured
offices and facilities.
Retention and disposal:
Because the law mandates a longer disqualification period if there
have been any prior disqualifications, FNS intends to maintain these
records permanently in an electronic or magnetic tape mode.
System manager(s) and address:
Director, Program Accountability and Administration Division,
Supplemental Nutrition Assistance Program, Food and Nutrition Service,
United States Department of Agriculture, 3101 Park Center Drive, room
816, Alexandria, Virginia 22302. Telephone: (703) 305-2413.
Notification procedure:
Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to the individual, from the system manager listed above.
Record access procedure:
An individual may obtain information about a record in the system
which pertains to the individual by submitting a written request to the
systems manager listed above. The envelope and the letter should be
marked ``Privacy Act Request.''
A request for information pertaining to an individual should
contain the name, address, date of birth and SSN of the individual, and
any other information that will assist in locating the record.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the system manager listed
above, the reasons for contesting it and the proposed amendment to the
information with supporting information to show how the record is
inaccurate.
Record source categories:
Information in this system is provided by State agency personnel
responsible for investigating cases involving intentional violations of
SNAP regulations.
Exemptions claimed for the system:
Exemption 6 of the Freedom of Information Act (5 U.S.C. 552(b)(6))
[[Page 81207]]
permits the government to withhold information when the disclosure
would constitute a clearly unwarranted invasion of personal privacy of
third parties.
System name:
USDA/FNS-9 Supplemental Nutrition Assistance Program Retailer
Information.
Security classification:
None.
System location:
Records are maintained in two host computer databases and in FNS
field offices located throughout the United States. The two host
computer databases, the Store Tracking and Redemption System (STARS)
and Anti-fraud Locator using EBT Retailer Transactions (ALERT), are
located within secure computing environments in the Office of
Information Technology, Customer Service Branch, 45 South 7th Street,
Suite 1810, Minneapolis, Minnesota 55402. The location of each FNS
field office may be found in the local telephone book. A list of FNS
field offices may also be obtained from the Internet at the FNS Web
site located at: http://www.fns.usda.gov/cga/Contacts/FieldOffices/default.htm.
Categories of individuals covered by the system:
The STARS system consists of personal information from owners and
officers of stores and other entities currently participating in SNAP,
as well as those owners and officers who have previously participated
in the program. The individual paper records (i.e., applications for
authorization) located in FNS field offices also contain personal
information from owners and officers who applied for authorization to
participate in SNAP but were denied authorization. The ALERT system
consists of household account numbers issued by State Agencies and
electronic benefit transfer (EBT) card numbers assigned to each program
recipient who has conducted at least one transaction at an approved
retail grocery store. ALERT does maintain personal identifying
information as some State Agencies embed SSN within the State issued
household number.
Categories of records in the system:
The applications for authorization and reauthorization are in the
STARS database and in the files of FNS field offices. The applications
contain the following personal information regarding owners and
officers: Name, home address, social security number, and date of
birth. The SSNs are collected only from owners of sole proprietorships,
partnerships, principal shareholders of private corporations, officers
of cooperatives, and spouses of principal owners if a store is located
in a community property state. The STARS database also maintains the
following business information: corporation name and address, employer
identification number (EIN), and financial data (i.e., food sales,
gross sales, and SNAP redemption data) relative to each entity that
applied and/or was authorized to accept program benefits. ALERT
maintains a record of every electronic SNAP benefit transaction
conducted at any authorized retail grocery store.
Authority for maintenance of the system:
Section 9 of the Food and Nutrition Act of 2008, as amended, (7
U.S.C. 2018); section 405(c)(2)(C) of the Social Security Act (42
U.S.C. 405(c)(2)(C)); and section 6109(f) of the Internal Revenue Code
of 1986 (26 U.S.C. 6109(f)).
Purpose(s):
This information will be shared with other Federal and State
entities to assist in the administration and enforcement of the Food
and Nutrition Act of 2008 (FNA), as well as other Federal and State
laws. The SSNs and employer identification numbers (EIN) of store
owners will only be shared with Federal agencies which maintain those
numbers in their files. The STARS database is used to process retail
grocery stores that wish to apply to accept benefits and to monitor
ongoing SNAP participation and eligibility. ALERT is a fraud detection
system that is used to monitor SNAP electronic transaction activity.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Limitations on Disclosure under the Following Routine Uses (1)
through (11): Information obtained from applicants under the authority
of 7 U.S.C. 2018(c) may be used or disclosed only as specified in 7
U.S.C. 2018 (c). With the exception of the SSNs and EINs obtained from
applicants, 7 U.S.C. 2018(c) gives FNS the authority to disclose the
contents of an initial application, or other information submitted by
an applicant to other Federal and State law enforcement and
investigative agencies for the purposes of administering or enforcing
the FNA or any other Federal or State law. 7 U.S.C. 2018(c) also limits
the use of the information obtained by applicants. That is, the above
mentioned entities may only use this information for purposes directly
connected with the administration and enforcement of the FNA or any
other Federal or State law.
Information obtained from applicants includes ownership
information, sales information, and redemption data.
Information security breaches will be disclosed to appropriate
agencies, entities, and persons when (1) FNS suspects or has confirmed
that the security or confidentiality of information in the system of
records has been compromised; (2) FNS 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 this system or other systems or programs
(whether maintained by FNS 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 FNS efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
The use and disclosure of SSNs and EINs obtained by applicants is
also covered in the Social Security Act and the Internal Revenue Code.
In accordance with the Social Security Act and the Internal Revenue
Code, applicant SSNs and EINs may be disclosed only to other Federal
agencies authorized to have access to SSNs and EINs and maintain these
numbers in their files, and only when the Secretary of Agriculture
determines that disclosure would assist in verifying and matching such
information against information maintained by such other agency (42
U.S.C. 405(c)(2)(C)(iii); 26 U.S.C. 6109(f)). Routine Uses (1) through
(11):
(1) FNS may disclose information from these systems of records to
the Department of Justice (DOJ), a court or other tribunal, or another
party before such tribunal, when USDA, any component thereof, or any
employee of the USDA in his or her official capacity, any USDA employee
in his or her individual capacity where DOJ (or USDA where it is
authorized to do so) has agreed to represent the employee, or the
United States where USDA determines that the litigation is likely to
affect directly the operations of USDA or any of its components, is a
party to the litigation or has an interest in such litigation, and USDA
determines that the use of such records by DOJ, the court or other
tribunal, or the other party before such tribunal is relevant and
necessary to the litigation, provided, however, that in each case USDA
determines that such disclosure
[[Page 81208]]
is compatible with the purpose for which the records were collected.
(2) In the event that material in these systems indicates a
violation of the FNA or any other Federal or State law whether civil,
criminal, or regulatory in nature, and whether arising by general
statute, or by regulation, rule, or order issued pursuant thereto, FNS
may disclose the relevant records to the appropriate agency, whether
Federal or State, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation or order issued pursuant thereto.
(3) FNS may disclose records from these systems of records to a
congressional office from the record of an individual provided that
individual gave the congressional office permission to inquire on his
or her behalf.
(4) FNS may use information from these systems of records,
including SSNs and EINs, to collect and report on delinquent debt and
may disclose the information to other Federal and State agencies, as
well as private collection agencies, for purposes of claims collection
actions including, but not limited to, administrative offset and
referral to DOJ for litigation. (Note: SSNs and EINs will only be
disclosed to Federal agencies.)
(5) FNS may disclose information from these systems of records to
other Federal and State agencies to respond to specific requests from
such Federal and State agencies for the purpose of administering the
FNA as well as other Federal and State laws.
(6) FNS may disclose information from these systems of records to
other Federal and State agencies to verify information reported by
applicants and participating firms, and to assist in the administration
and enforcement of the FNA as well as other Federal and State laws.
(7) FNS may disclose information from these systems of records to
other Federal and State agencies for the purpose of conducting computer
matching programs.
(8) FNS may disclose information (excluding EINs) from these
systems of records to private entities having contractual agreements
with USDA for designing, developing, and operating the system, and for
verification and computer matching purposes.
(9) FNS will disclose information from these systems of records to
the Internal Revenue Service, for the purpose of reporting delinquent
retailer and wholesaler monetary penalties of $600 or more for
violations committed under the SNAP. FNS will report each delinquent
debt to the Internal Revenue Service on Form 1099-C (Cancellation of
Debt). USDA/FNS will report these debts to the Internal Revenue Service
under the authority of the Income Tax Regulations (26 CFR Parts 1 and
602) under section 6050P of the Internal Revenue Code (26 U.S.C.
6050P).
(10) FNS may disclose information from these systems of records to
State agencies that administer the Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC), authorized under
section 17 of the Child Nutrition Act of 1966 (CNA)(42 U.S.C. 1786),
for purposes of administering CNA and the regulations issued under that
CNA.
(11) Disclosures pursuant to 5 U.S.C. 552a(b)(12). Disclosures may
be made from this system to ``consumer reporting agencies'' as defined
in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Debt
Collection Act of 1982 (31 U.S.C. 3711(d)(4)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
File folders, magnetic tapes, computer disks, and other electronic
media.
Retrievability:
In STARS, the personal identifying information is retrievable by
owner's name and by SSN. In ALERT, the personal identifying information
is retrievable by the State-issued household number assigned to each
program recipient.
Safeguards:
(1) Authorized Users: When designing, developing and/or operating a
system of records on individuals, contractors are required to comply
with all provisions of the Privacy Act. Contractors are required to
maintain and protect the personal data and cannot release or share data
without consulting with FNS. Access to records maintained within FNS is
limited to those staff officials responsible for the subject system of
records. Otherwise, access is limited to persons authorized and needing
to use the records, including project directors, contract officers,
programmers, analysts, statisticians, statistical clerks, and computer
technicians on the staff of the contractors or in the FNS. Both systems
utilize USDA's eAuthentication services to ensure the valid identity of
the user.
(2) Physical Safeguards: Paper records are stored in locked safes,
locked files, and locked offices when not in use. Computer terminals
used to process personal identifiable data are located in secured areas
and are accessible only to authorized users. Backup records which are
stored offsite shall be used and stored under the same secure
conditions.
(3) Procedural Safeguards: In order to access STARS or ALERT, each
authorized individual is given a personal access ID and password. The
individual's password must be changed at least every 45 days or
whenever the individual feels it might have been compromised.
Access to personal information contained in the STARS database and
to the paper record files is restricted to those individuals who have
been authorized by FNS and who have a need to know such information in
performing their official duties in administering the FNA and other
Federal and State laws. SSNs cannot be viewed on screen in STARS by
those individuals who are not specifically authorized to view them. FNS
personnel, project officers, and contract officers oversee compliance
with these requirements. When appropriate, FNS personnel will review
the site facilities to ensure that records have been maintained in
accordance with the terms of this notice.
Retention and disposal:
STARS and ALERT maintain personal identifying information
indefinitely. The applications for authorization and reauthorization
are kept in the FNS field offices for the duration each retail grocery
store participates in the Program and then destroyed pursuant to the
applicable document retention and disposal schedule.
System manager(s) and address:
Director, Benefit Redemption Division, Food and Nutrition Service,
United States Department of Agriculture, 3101 Park Center Drive, Room
424, Alexandria, Virginia, 22302.
Notification procedure:
Any individual may request information regarding this system of
records from the system manager. The request must be in writing.
Record access procedures:
An individual who wishes to request access to records in the system
which pertains to the individual may submit a written request to the
system manager. The envelope and the letter should be marked, ``Privacy
Act Request.'' An individual may be required to reference the record by
furnishing name, address, SSN, and/or other identifiers needed by FNS.
[[Page 81209]]
Contesting record procedures:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the system manager. The
request should include, as appropriate, the reasons for contesting it,
and the proposed amendment to the information with supporting
information to show how the record is inaccurate, incomplete, untimely,
or irrelevant.
Record source categories:
Information in this system comes from the authorization and
reauthorization applications of stores and other entities which are
currently participating in SNAP, as well as information on file for
those entities which have previously participated in the program.
Personal information in this system of records is also obtained from
the owners and officers of such entities as reported on the
authorization and reauthorization applications. The STARS database also
keeps SNAP redemption history on such entities. The database maintains
the dollar amount of SNAP benefits accepted by each entity currently
authorized or previously authorized. ALERT maintains SNAP electronic
transaction history of each entity currently authorized or previously
authorized.
Exemptions claimed for the system:
Pursuant to subsection (k)(2) of the Privacy Act, 5 U.S.C.
552a(k)(2), this system of records is exempt from subsections (c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the Act.
[FR Doc. 2010-32457 Filed 12-23-10; 8:45 am]
BILLING CODE 3410-30-P