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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices 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 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.
3 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.
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 an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.
6 To other Federal agencies or nonFederal entities under approved computer matching efforts, limited to only those data elements considered relevant to determine eligibility under particular benefit programs administered by those agencies or entities or by USDA or any component thereof, to improve program integrity, and to collect debts and other monies owed under those programs.
7 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.
8 To appropriate agencies, entities, and persons when: 1 USDA suspects
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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 made to such agencies, entities, and persons is reasonably necessary to assist in connection with USDAs efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
9 To contractors and their agents, grantees, experts, consultants, and other 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.
10 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 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.
11 USDA/FNS may disclose information from this system of records on individuals who have been disqualified from participation in the CACFP and/or SFSP to every agency that administers the CACFP and/or SFSP directly in the States and to every sponsoring organization participating in CACFP. The information will be available to the State agency directors and staff members, who make decisions about application approval or termination from participation in the program or, in the case of sponsoring organizations, make hiring decisions or submit applications for approval of day care home providers to the State agency.
12 To the news media and the public, with the approval of the Chief Privacy Officer, the Office of Communications and in consultation with counsel, unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

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13 USDA will disclose information about individuals from this system of records in accordance with the Federal Funding Accountability and Transparency Act of 2006 Pub. L. 109
282; codified at 31 U.S.C. 6101, et seq.;
section 204 of the E-Government Act of 2002 Pub. L. 107347; 44 U.S.C. 3501
note, and the Office of Federal Procurement Policy Act 41 U.S.C. 403
et seq., or similar statutes requiring agencies to make available publicly information concerning Federal financial assistance, including grants, subgrants, loan awards, cooperative agreements and other financial assistance; and contracts, subcontracts, purchase orders, task orders, and delivery orders.
14 Disclosures pursuant to 5 U.S.C.
552ab12. Disclosures may be made from this system to consumer reporting agencies as defined in the Fair Credit Reporting Act 15 U.S.C. 1681af or the Debt Collection Act of 1982 31 U.S.C.
3711d4.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

State agencies and FNS can view records in the NDL. eAuthentication level 2 clearance is required to enter, change or view records in the system.
Records are maintained electronically.
The NDL also contains three notices for each disqualification. These paper notices were mailed to the disqualified individuals and uploaded in the NDL as PDFs. Although NDL records are electronic, State agencies and FNS
Regional Offices keep paper copies of the uploaded notices.
For FNS and Program-administering States, records may be retrieved by the individuals name and date of birth for responsible individuals and day care home providers, in addition to FEIN or DUNS number for institutions, service institutions, and unaffiliated centers.
CACFP sponsoring organizations identify records for retrieval using name and state.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

Currently, records remain in the NDL
after the disqualification expires with a changes status of removed. This process will change to delete all records three years after disqualification expires.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

NDL system of records Username/
Password: NDL user IDs and passwords are used to limit access to the application. Access is controlled through USDA eAuthentication service.
NDL requires a Level 1 or Level 2
access. Level 1 users are automatically
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