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Privacy Act of 1974; System of Records
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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.
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Published Document: 2026-12005 (91 FR 35948)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Department of Agriculture (USDA), Food and Nutrition Administration (FNA).
ACTION:
Notice of a modified system of records.
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
( printed 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:
Preferred:
Federal eRulemaking Portal at
http://www.regulations.gov
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.
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
http://www.regulations.gov,
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
http://www.regulations.gov.
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
SM.fn.Privacy-FNS@usda.gov.
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.
( printed 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
( printed 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
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).
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