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Notice2026-12005

Privacy Act of 1974; System of Records

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Published
June 15, 2026

Issuing agencies

Agriculture DepartmentFood and Nutrition Administration

Abstract

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that USDA proposes modifying the system of records (SOR) entitled USDA/FNA-15, "National Supplemental Nutrition Assistance Program (SNAP) Information Database" after considering public comments. This system is owned, administered, and secured by FNA. The system will assist efforts to validate the accuracy of eligibility determinations and strengthen SNAP and government program integrity. The modification clarifies under what circumstances records may be disclosed pursuant to a routine use. It also removes reference to foreign entities.

Full Text

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<title>Federal Register, Volume 91 Issue 114 (Monday, June 15, 2026)</title>
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[Federal Register Volume 91, Number 114 (Monday, June 15, 2026)]
[Notices]
[Pages 35948-35951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12005]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Administration


Privacy Act of 1974; System of Records

AGENCY: Department of Agriculture (USDA), Food and Nutrition 
Administration (FNA).

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that USDA 
proposes modifying the system of records (SOR) entitled USDA/FNA-15, 
``National Supplemental Nutrition Assistance Program (SNAP) Information

[[Page 35949]]

Database'' after considering public comments. This system is owned, 
administered, and secured by FNA. The system will assist efforts to 
validate the accuracy of eligibility determinations and strengthen SNAP 
and government program integrity. The modification clarifies under what 
circumstances records may be disclosed pursuant to a routine use. It 
also removes reference to foreign entities.

DATES: Pursuant to 5 U.S.C. 552a(e)(4) and (11), this system of records 
notice will become effective upon publication in the Federal Register, 
except for the routine uses, which will become effective 30 days after 
publication in the Federal Register, unless USDA determines they must 
be changed as a result of public comment. USDA will publish any changes 
to the system of records notice resulting from public comment.

ADDRESSES: Interested parties may submit written comments by one of the 
following methods:
    <bullet> Preferred: Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a> provides the ability to type short comments 
directly into the comment field on this web page or attach a file for 
lengthier comments. Follow the online instructions at that site for 
submitting comments.
    <bullet> By email: <a href="/cdn-cgi/l/email-protection#35465b5445515441545754465075404651541b525a43"><span class="__cf_email__" data-cfemail="3d4e535c4d595c495c5f5c4e587d484e595c135a524b">[email&#160;protected]</span></a>.
    <bullet> By mail: FNA, 1320 Braddock Place, Alexandria, VA 22314.
    Instructions: All comment submissions must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any 
personal information provided. However, comments containing profanity 
or inappropriate or abusive content may be rejected or redacted before 
posting.
    Docket: For access to the docket to read background documents or 
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
FNA Privacy Officer, Information Management Branch, Food and Nutrition 
Administration, USDA, 1320 Braddock Pl., Alexandria, Virginia 22314; or 
via email at <a href="/cdn-cgi/l/email-protection#1e4d53307870304e6c77687f7d673358504d5e6b6d7a7f30797168"><span class="__cf_email__" data-cfemail="dd8e90f3bbb3f38dafb4abbcbea4f09b938e9da8aeb9bcf3bab2ab">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to, among other authorities, 7 U.S.C. 2020(a)(3) and 
(e)(8)(A) and 7 CFR 272.1(c)(1) and (e), FNA works with all State 
agencies and their designated vendors and/or contractors to transmit 
data on SNAP participants and transactions for the purposes listed 
below. This system is consistent with and effectuates multiple 
executive orders, including but not limited to Executive Order 14243 of 
March 20, 2025, Stopping Waste, Fraud, and Abuse by Eliminating 
Information Silos and Executive Order 14218 of February 19, 2025, 
Ending Taxpayer Subsidization of Open Borders.
    USDA and FNA use the SNAP data in this system to administer and 
enforce the SNAP Act, including ensuring the integrity of Government 
programs by verifying SNAP recipient eligibility against federally 
maintained databases, identifying and eliminating duplicate 
enrollments, and performing additional eligibility and program 
integrity checks specified herein.
    The system of records notice explains how the records within the 
new system will be used and with whom they will be shared.

Purpose of Changes Made to the System

    In response to the publication of the notice of a new system of 
records entitled USDA/FNA-15, ``National Supplemental Nutrition 
Assistance Program (SNAP) Information Database,'' on June 23, 2025 
(Document Number 2025-11463, 90 FR 26521), USDA received more than 450 
unique comments. Approximately 132 of those comments raised concerns 
that information maintained in USDA/FNA-15 could be improperly shared 
with outside entities, could violate privacy protections, could 
jeopardize recipient privacy, or could otherwise be mishandled.
    USDA reviewed these comments and determined that many reflected 
uncertainty about how the routine uses in the notice interact with the 
confidentiality and disclosure requirements of the Food and Nutrition 
Act of 2008, as amended, 7 U.S.C. 2011 et seq, as well as other 
privacy-related statutes, such as the Privacy Act. USDA remains bound 
by all applicable statutory requirements governing privacy generally 
and household and applicant information, as provided by the Food and 
Nutrition Act. The original SORN stated in the section titled ``Routine 
Uses of Records Maintained in the System, Including Categories of Users 
and Purposes of Such Uses'' that any routine use is permitted only to 
the extent it is consistent with applicable law. Because this issue was 
raised frequently by commenters, USDA is revising the routine uses 
section to state more clearly that all routine uses are subject to 
applicable legal requirements, including the Privacy Act and the Food 
and Nutrition Act.
    This modification also revises the text of routine uses 8 and 11 to 
more explicitly mirror the language of the Food and Nutrition Act. In 
addition, USDA is removing the word ``foreign'' from routine use 8. 
Since publication of USDA/FNA-15 in the Federal Register, USDA is not 
aware of any disclosure of SNAP data under this SORN to a foreign 
entity. Although USDA did not intend that term to suggest that such 
disclosures were anticipated, its inclusion as standard Departmental 
language created unnecessary concern. USDA is therefore deleting the 
term to avoid confusion in the future.
    USDA is also modifying this SORN to update the storage description 
from the currently published notice. The revised language clarifies 
that records in the National SNAP Information Database are maintained 
electronically and hosted in a FedRAMP High certified cloud 
infrastructure environment. USDA is making this update so that the SORN 
more accurately describes the system's current storage and technical 
environment. An administrative name change has been made from Food and 
Nutrition Services (FNS) to Food and Nutrition Administration (FNA).

Privacy Act

    The Privacy Act of 1974 (the Privacy Act), 5 U.S.C. 552a, embodies 
fair information principles in a statutory framework governing the 
means by which the United States Government collects, maintains, uses, 
and disseminates records about individuals. The Privacy Act applies to 
information that is maintained in a SOR. A SOR is a group of any 
records under the control of an agency for which information is 
retrieved by the name of an individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. In 
the Privacy Act, an individual is defined to encompass United States 
citizens and lawful permanent residents.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each SOR that 
the agency maintains, to publish the routine uses that are contained in 
each system in order to make agency record keeping practices 
transparent, and to notify individuals regarding the uses and locations 
of their records.
    In accordance with 5 U.S.C. 552a(r), USDA has provided a report of 
this SOR to the Office of Management and Budget and to the relevant 
committees of Congress.

[[Page 35950]]

SYSTEM NAME AND NUMBER:
    USDA/FNA-15, National SNAP Information Database.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The National SNAP Information Database is maintained in a FedRAMP 
High cloud infrastructure environment that is used only by Federal 
employees and contractors. The data is processed and stored solely 
within the continental United States. The agency, U.S. Department of 
Agriculture, address is 1400 Independence Ave. SW, Washington, DC 
20250.

SYSTEM MANAGER(S):
    Director, Portfolio Management Division, Office of Information 
Technology, Food and Nutrition Service, 1320 Braddock Road, Alexandria, 
Virginia 22314. Telephone: (703) 305-2504.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Records created or stored in this system may be disclosed pursuant 
to the permitted routine uses outlined below only if such disclosure is 
permitted by the Food and Nutrition Act of 2008, as amended; 
specifically 7 U.S.C. 2020(a)(3) and (e)(8); implementing regulations 
at 7 CFR 272.1(c)(1) and (e), or any other applicable law.
    To the extent a routine use outlined below conflicts with the Food 
and Nutrition Act of 2008, as amended, records will not be disclosed 
pursuant to that enumerated routine use.
    (1) To the Department of Justice or in a proceeding before a court 
or adjudicative body when: (a) USDA/FNA or any component thereof; or 
(b) any employee of USDA in his or her official capacity, or any 
employee of the agency in his or her individual 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 interest 
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.
    (2) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the USDA/FNA 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 and necessary to the 
proceeding.
    (3) To a Member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional office made at the request 
of, and on behalf of, the individual about whom the record is 
maintained.
    (4) To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management activities 
being conducted under 44 U.S.C. 2904 and 2906.
    (5) To another Federal agency or Federal entity, when USDA/FNA 
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.
    (6) To appropriate agencies, entities, and persons when: (1) USDA/
FNA suspects or has confirmed that there has been a breach of the 
system of records; (2) USDA/FNA 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 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 breach or to prevent, minimize, or remedy such harm.
    (7) To contractors, grantees, experts, consultants, and the agents 
thereof, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for USDA, when 
necessary to accomplish an agency function related to this system of 
records. USDA and FNA will require individuals provided information 
under this routine use to comply with all applicable requirements and 
limitations of disclosure imposed by the Privacy Act.
    (8) 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/FNA may disclose the record to 
the appropriate agency, whether Federal, 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. To 
the extent that the record contains information obtained from applicant 
households and that information derives from records provided by a 
State Agency or its vendor, the applicant household information may be 
disclosed for the administration or enforcement of the Food and 
Nutrition Act of 2008, its corresponding regulations, Federal 
assistance programs, or federally-assisted State programs in compliance 
with 7 U.S.C. 2020(e)(8)(A); for audit and examination by the 
Comptroller General; for the investigation by local, State, or Federal 
law enforcement of alleged violations of the Food and Nutrition Act of 
2008 or its corresponding regulations; for purposes of collecting the 
amount of an overissuance of benefits from Federal pay, pursuant to 5 
U.S.C. 5514, or a Federal income tax, pursuant to 31 U.S.C. 3720A; and 
for assisting Federal, State, or local law enforcement officers in 
apprehending a fleeing felon, as defined by 7 U.S.C. 2020(e)(8)(E), 
where the requirements of that provision are met.
    (9) To Federal and State Agencies responsible for: (1) the 
administration of SNAP; or (2) the administration of other Federal 
benefits programs to the extent permitted by applicable law when such 
information is necessary for the performance of lawful audit, 
oversight, or administrative functions.
    (10) To the U.S. Department of the Treasury when disclosure of the 
information is relevant and necessary to review payment and award 
eligibility through the Do Not Pay Working System for the purposes of 
identifying, preventing, or recouping improper payments to an applicant 
for, or recipient of, Federal funds, including funds disbursed by a 
state (meaning a state of the United States, the District of Columbia, 
a territory or possession of the United States, or a federally 
recognized Indian tribe) in a state-administered, federally funded 
program.
    (11) To support another Federal agency or to an instrumentality of 
any governmental jurisdiction within or under the control of the United 
States (including any State or local governmental agency), that 
administers, or that has the authority to investigate or assist USDA to 
investigate potential fraud, waste, or abuse, in a Federal

[[Page 35951]]

benefits program funded in whole or in part by Federal funds, when 
disclosure is deemed reasonably necessary by USDA to prevent, deter, 
discover, detect, investigate, examine, prosecute, sue with respect to, 
defend against, correct, remedy, or otherwise combat fraud, waste, or 
abuse in such programs by disclosing information for the administration 
or enforcement of the Food and Nutrition Act of 2008, its corresponding 
regulations, Federal assistance programs, or federally-assisted State 
programs; for audit and examination by the Comptroller General; for the 
investigation of alleged violations of the Food and Nutrition Act of 
2008 or its corresponding regulations; for purposes of collecting the 
amount of an over issuance of benefits from Federal pay or a Federal 
income tax; for assisting Federal, State, or local law enforcement 
officers in apprehending a fleeing felon, as defined by 7 U.S.C. 
2020(e)(8)(E); or otherwise as is necessary for administering or 
enforcing the Food and Nutrition Act of 2008.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The National SNAP Information Database is hosted in a FedRAMP High 
certified cloud infrastructure environment. These records are 
electronic.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Administrative Safeguards: The USDA safeguards records in this 
system according to applicable rules and policies, including all 
applicable USDA automated systems security and access policies. USDA 
has imposed strict controls to minimize the risk of compromising 
information in the system. Access to the computer system containing the 
records in this system is limited to those individuals who have a need 
to know the information for the performance of their official duties 
and who have appropriate clearances or permissions. Access is 
controlled through USDA eAuthentication service.
    Technical Safeguards: The National SNAP Information Database 
utilizes a robust collection of technical safeguards to ensure the 
integrity of the platform. The National SNAP Information Database is 
designed to meet all technical safeguards required by its system 
categorization in National Institute of Standards and Technology (NIST) 
800-53. The National SNAP Information Database will be hosted in a 
secure environment that uses perimeter security protection to prevent 
interference or access from outside intruders. When accessing the 
National SNAP Information Database, Secure Socket Layer (SSL)/Transport 
Layer Security (TLS) technology protects the user's information by 
using both server authentication and data encryption. Users will only 
access the National SNAP Information Database by USDA eAuthentication 
through Personal Identity Verification (PIV) Card and Personal 
Identification Number (PIN) entry or <a href="http://Login.gov">Login.gov</a>. The National SNAP 
Information Database administrators will have a suite of security tools 
that can be used to increase the security of the system.
    Physical Safeguards: The servers that host the National SNAP 
Information Database are stored in a USDA FedRAMP authorized data 
center with strict physical access control procedures in place to 
prevent unauthorized access.

HISTORY:
    Agriculture Department, Notice of a new system of records, 
published 6/23/2025 (Document Number 2025-11463, 90 FR 26521).
    Agriculture Department, Notice of modified systems of records, 
published 4/13/2026 (Document Number 2026-07093, 91 FR 18812).

Patrick A. Penn,
Acting Administrator.
[FR Doc. 2026-12005 Filed 6-12-26; 8:45 am]
BILLING CODE P


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