Notice2021-24402
Privacy Act of 1974; System of Records
Primary source
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Published
November 9, 2021
Issuing agencies
Agriculture Department
Abstract
As required by the Privacy Act of 1974, and Office of Management and Budget (OMB) Circular No. A-108, this notice is a new Privacy Act System of Records titled USDA/OSEC-02 Contractor and Visitor Public Health Emergency Records, which include information on contractor employees who work in, as well as visitors to, Department of Agriculture (USDA) facilities during declared public health emergencies. The system contains information provided by the contractor's employees including such information as their applicable vaccination or medical countermeasure status and whether they are experiencing symptoms associated with the public health emergency. Each contractor with employees who will work in USDA facilities (regardless of whether the contract is with USDA or another Federal agency) will be asked to confirm if its employees have been vaccinated or have received appropriate medical countermeasures, in addition, the contractor will be required to ensure that its employees follow the guidelines specified for working in USDA facilities, for example, to mitigate the spread of COVID-19, not fully vaccinated employees are required to wear masks and maintain physical distancing. Visitors to USDA facilities will also be asked to provide information about their vaccination or medical countermeasure status and may be asked to provide proof of their status and information about whether they are experiencing any symptoms associated with the public health emergency.
Full Text
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<title>Federal Register, Volume 86 Issue 214 (Tuesday, November 9, 2021)</title>
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[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Notices]
[Pages 62142-62144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24402]
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DEPARTMENT OF AGRICULTURE
Privacy Act of 1974; System of Records
AGENCY: Office of Secretary, USDA.
ACTION: Notice of a new system of records.
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SUMMARY: As required by the Privacy Act of 1974, and Office of
Management and Budget (OMB) Circular No. A-108, this notice is a new
Privacy Act System of Records titled USDA/OSEC-02 Contractor and
Visitor Public Health Emergency Records, which include information on
contractor employees who work in, as well as visitors to, Department of
Agriculture (USDA) facilities during declared public health
emergencies. The system contains information provided by the
contractor's employees including such information as their applicable
vaccination or medical countermeasure status and whether they are
experiencing symptoms associated with the public health emergency. Each
contractor with employees who will work in USDA facilities (regardless
of whether the contract is with USDA or another Federal agency) will be
asked to confirm if its employees have been vaccinated or have received
appropriate medical countermeasures, in addition, the contractor will
be required to ensure that its employees follow the guidelines
specified for working in USDA facilities, for example, to mitigate the
spread of COVID-19, not fully vaccinated employees are required to wear
masks and maintain physical distancing. Visitors to USDA facilities
will also be asked to provide information about their vaccination or
medical countermeasure status and may be asked to provide proof of
their status and information about whether they are experiencing any
symptoms associated with the public health emergency.
DATES: This notice is applicable upon publication, subject to a 30-day
review and comment period for the routine uses. We will consider
comments received on or before November 29, 2021.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments by mail to the United States Department of Agriculture,
Privacy Office, ATTN: Privacy Analyst, 1400 Independence Ave. SW,
Washington, DC 20250; by telephone at 202-384-5026; or by email at
SM.OCIO.CIO.UsdaPrivacy
FOR FURTHER INFORMATION CONTACT: Sullie Coleman, Chief Privacy Officer,
1400 Independence Ave. SW, Washington, DC 20250, 202-604-0467.
SUPPLEMENTARY INFORMATION: USDA is establishing a system of records,
USDA/OSEC-02, subject to the Privacy Act of 1974, 5 U.S.C. 552a. The
purpose of this new system of records is to house information provided
by contractors, subcontractors, their employees, and visitors needed
for USDA to take appropriate actions during a public health emergency.
The information collected includes medical countermeasures, such as
vaccinations, diagnostic test results, whether the individual is
experiencing relevant symptoms, and any other information necessary to
assist USDA with determining appropriate mitigation measures to take
with respect to contractor employees and visitors in USDA facilities or
in the performance of duties associated with the Department. In
general, the information will be used to confirm that contractors,
their employees, and visitors to USDA facilities are aware of and
complying with requirements necessitated by the public health
emergency, such as those to wear masks and maintain physical distancing
while working onsite or visiting a USDA facility. For onsite contractor
employees, the information will be used to make decisions such as
office space planning and assigning office space, assigning tasks that
require individuals to work in close physical proximity, as well for
operational staffing requirements for carrying out work in field
operations.
As required by the Privacy Act (specifically 5 U.S.C. 552a(r)) and
implemented by the Office of Management and Budget (OMB) Circular A108,
USDA has provided a report of this system of records to the Office of
Information and Regulatory Affairs, Office of Management and Budget;
the Chairman, Committee on Government Reform and Oversight, House of
Representatives; and the Chairman, Committee on Governmental Affairs,
United States Senate.
SYSTEM NAME AND NUMBER:
USDA/OSEC-02 Contractor and Visitor Public Health Emergency Records
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Micro-Soft (MS) 365 Multi-Tenant (MT) provides Exchange and
SharePoint Access for USDA/OSEC-02 Contractor and Visitor Public Health
Emergency Records. Tenant locations are defaulted to Geo based on the
country. In the United States, these records may be maintained
electronically at one or more of Microsoft Data Centers, including, but
not limited to, Boydton, Virginia, and Cheyenne, Wyoming. The agency,
U.S. Department of Agriculture, address is 1400 Independence Ave. SW,
[[Page 62143]]
Washington, DC 20250 and the address of the third-party service
provider is Microsoft, 1 Microsoft Way, Redmond, Washington 98052-6399.
SYSTEM MANAGER(S):
Contact information of the agency official who is responsible for
this system is USDA OCIO-CEC MS 365 Program Manager, 2312 E Bannister
Road, Mail Stop 9198, Kansas City, MO 64114, 816-926-6860.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
National Emergencies Act (50 U.S.C. 1601-1651); the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121,
5192(1)); 5 U.S.C. 301, 7901, 7902, and 7903; the Occupational Safety
and Health Act (29 U.S.C. 668), Executive Order 12196, Occupational
safety, and health programs for Federal employees; Executive Order
14042, Ensuring Adequate COVID Safety Protocols for Federal
Contractors; Workforce Innovation and Opportunity Act (WIOA) WIOA
159(g) ((29 U.S.C. 3209(g)) and WIOA 147(a)(3)(J) ((29 U.S.C.
3197(a)(3)(J)).
PURPOSE(S) OF THE SYSTEM:
To capture and report health and safety-related information during
public health emergencies. Such reporting will be provided to USDA
contracting officers and other authorized officials in USDA to enable
the agency to use the data from the system to review submissions for
compliance with applicable mitigation requirements, and, in the case of
contractor employees, with contractual terms and conditions for
contracts for which they are responsible.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
USDA/OSEC-02 Contractor and Visitor Public Health Emergency Records
System contains records related to employees of prime and
subcontractors who are performing work on federal contract awards at
any USDA facility, or in shared operations. An owner, agent, or
employee of a prime or subcontractor may enter or certify information,
as applicable.
USDA/OSEC-02 Contractor and Visitor Public Health Emergency Records
System may also contain records related to visitors to USDA facilities,
such as, but not limited to, volunteers, individuals from outside the
USDA workforce on detail to USDA, experts/consultants, and grantees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in the system of records consists of electronic
records, including records of vaccination status or other medical
countermeasures (such as diagnostic test results), status of employees
or visitors, and other health and safety information related to the
public health emergency. The information in the system of records
includes the name of the person entering, and as applicable,
certifying, information on behalf of the prime or subcontractor, their
position within the company, phone number, and email address.
Categories of records include, but are not limited to: Name, unique
identifier assigned by the prime or subcontractor, medical
countermeasure (vaccination or diagnostic test) status, symptom
questionnaires and other information relevant and necessary for
mitigation purposes. Optional records that may be required for certain
contracts or in certain geographic areas include: Name, position, work
phone number, email address, USDA facility, lands, or shared operations
at which the employee will be working on-site, and other similar
records related to their official responsibilities.
RECORD SOURCE CATEGORIES:
Contract employee records are created, reviewed and, as
appropriate, certified by the prime or subcontractor. Records
pertaining to the individual entering and certifying data in the system
may be created by the individual, by a contracting officer, or in the
case of a subcontractor by the prime contractor or another
subcontractor. Visitor records are created, reviewed and, as
appropriate, certified by the appropriate Agency Official receiving the
visitor to the USDA facility.
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), all or a portion of the records or information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected:
A. To appropriate medical facilities, or federal, state, local,
tribal, territorial, or foreign government agencies, to the extent
permitted by law, for the purpose of protecting the vital interests of
individual(s), including to assist the United States Government in
responding to or mitigating high consequence public health threats, or
diseases and illnesses relating to a public health emergency.
B. Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, local, territorial, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law.
C. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department determines
that the records are arguably relevant 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.
D. 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.
E. To a former employee of the Department for purposes of:
Responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
F. To Federal, state, local, territorial, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit.
G. 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.
H. 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.
I. To appropriate agencies, entities, and persons when
[[Page 62144]]
(1) the Department suspects or has confirmed that there has been a
breach of the system of records;
(2) the Department has determined that as a result of the suspected
or confirmed breach there is a risk of harm to individuals, the
Department (including its information systems, programs, and
operations), the Federal Government, or national security; 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 breach or to prevent,
minimize, or remedy such harm.
J. To another Federal agency or Federal entity, when the Department
determines that 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.
K. To any agency, organization, or individual for the purpose of
performing authorized audit or oversight operations of the Department
and meeting related reporting requirements.
L. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All records in this system of records are maintained electronically
and in paper and are in compliance with applicable executive orders,
statutes, and agency implementing recommendations. Electronic records
are stored in databases and/or on hard disks, removable storage
devices, or other electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The Department will retrieve records by the individual's name,
unique identifier assigned by the prime or subcontractor, vaccination
status, position, or facility at which the employee will be working on-
site.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
To the extent applicable, to ensure compliance with Americans with
Disabilities Act (ADA) and the Rehabilitation Act, medical information
must be ``maintained on separate forms and in separate medical files
and be treated as a confidential medical record.'' 42 U.S.C.
12112(d)(3)(B). This means that medical information and documents must
be stored separately from other personnel records. As such, the
Department must keep medical records for at least one year from
creation date. 29 CFR 1602.14. Further, records compiled under this
SORN will be maintained in accordance with NARA General Records
Schedule (GRS) 2.7, Items 010, 070 or 080, and NARA records retention
schedules DAA- GRS2017-0010-0001, DAA-GRS2017-0010-0012, and DAA-
GRS2017-0010-0013, to the extent applicable.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The Department safeguards records in this system according to
applicable rules and polices, including all applicable USDA automated
systems security and access policies. The Department has imposed strict
controls to minimize the risk of compromising the information that is
being stored. Users of individual computers can only gain access to the
data by a valid user identification and password. Paper records are
maintained in a secure, access-controlled room, with access limited to
authorized personnel.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the USDA Departmental FOIA Office, ATTN: Departmental FOIA
Officer, 1400 Independence Avenue SW South Building, Room 4104,
Washington, DC 20250-0706, Email: <a href="/cdn-cgi/l/email-protection#2c797f686d6a63656d6c434f454302104d0c445e494a11" http: usda.gov">usda.gov</a>">USDAFOIA@ocio.<a href="http://usda.gov">usda.gov</a></a>. The envelope
and letter should be clearly marked ``Privacy Act Access Request.'' The
request must describe the records sought in sufficient detail to enable
Department personnel to locate them with a reasonable amount of effort.
The request must include a general description of the records sought
and must include the requester's full name, current address, and date
and place of birth. The request must be signed and either notarized or
submitted under penalty of perjury. Additional details on procedures
for access under the Privacy Act can be found in USDA Department
Regulation 3515-002 Privacy Policy and Compliance for Personally
Identifiable Information (PII) or at Privacy Policy and Compliance for
Personally Identifiable Information (PII) (<a href="http://usda.gov">usda.gov</a>).
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their requests to the address indicated
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to
contest or amend records must be in writing and the envelope and letter
should be clearly marked ``Privacy Act Amendment Request.'' All
requests must state clearly and concisely what record is being
contested, the reasons for contesting it, and the proposed amendment to
the record. Additional details on procedures for contesting or amending
records under the Privacy Act can be found in USDA Department
Regulation 3515-002 Privacy Policy and Compliance for Personally
Identifiable Information (PII) or at Privacy Policy and Compliance for
Personally Identifiable Information (PII) (<a href="http://usda.gov">usda.gov</a>).
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.
Sullie Coleman,
Chief Privacy Officer, United States Department of Agriculture.
[FR Doc. 2021-24402 Filed 11-8-21; 8:45 am]
BILLING CODE 3410-90-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.