Privacy Act of 1974; System of Records

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Published

August 17, 2021

Issuing agencies

Agriculture Department

Abstract

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.

Full Text

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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 45952-45955]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:

[[Page 45953]]

--Federal eRulemaking Portal: Go to: <a href="http://www.regulations.gov/#!docketDetail:D=USDA-2021-0007">http://www.regulations.gov/#!docketDetail:D=USDA-2021-0007</a>.
--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 <a href="/cdn-cgi/l/email-protection#f6a684999184979bb5999b869a979f988285b683859297d8919980">[email&#160;protected]</a> 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
<a href="/cdn-cgi/l/email-protection#4e1e3c21293c2f230d21233e222f27203a3d0e3b3d2a2f60292138">[email&#160;protected]</a>. 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,
<a href="/cdn-cgi/l/email-protection#82efebe1eae7eee7acf5e3f1eaebece5f6edecc2f7f1e6e3ace5edf4">[email&#160;protected]</a> and for USDA Privacy Act general questions,
please contact: <a href="/cdn-cgi/l/email-protection#52013f7c3d313b3d7c313b3d7c2721363322203b2433312b12272136337c353d24">[email&#160;protected]</a>.

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 <a href="/cdn-cgi/l/email-protection#e5b0b6a1a4a3aaaca4a590968184cb828a93">[email&#160;protected]</a>. 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

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