Office of the Secretary; Privacy Act of 1974; System of Records, 10775-10780 [2019-05464]
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices
RECORDS ACCESS PROCEDURE:
To request notification of and access
to any record contained in the system of
records, or to contest the content of a
record, submit a request in writing to
the FSA FOIA officer or the FOIA officer
for the relevant part of USDA
responsible for your information (FIOA
contact information is at https://
www.da.usda.gov/foia.htm. If you
believe more than one USDA agency
maintains Privacy Act records
concerning you, submit the request to
the Chief FOIA Officer, Department of
Agriculture, 1400 Independence Avenue
SW, Washington, DC 20250.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations in 7 CFR 1.110–1.122, as
follows. Verify your identity by
providing your:
• Full name,
• Current address, and
• Date and place of birth.
You must sign your request, and your
signature must either be notarized or
submitted under 28 U.S.C. 1746, which
is a law that permits statements to be
made under penalty of perjury as a
substitute for notarization. While no
specific form is required, you may
obtain forms for this purpose from the
Chief FOIA Officer, Department of
Agriculture, 1400 Independence Avenue
SW, Washington, DC 20250. In addition,
you should provide the following:
• Explain why you believe USDA
would have information on you,
• Identify which USDA agency you
believe may have the information about
you,
• Specify when you believe the
records would have been created, and
• Provide any other information that
will help the FOIA staff determine
which USDA component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying agreement for you
to access the records.
If your request does not include the
information specified above, FSA may
not be able to conduct an effective
search, and may result in your request
being denied due to lack of specificity
or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or
amend information maintained in the
system should direct their request to the
above listed System Manager and
should include the reason for contesting
it and the proposed amendment to the
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information with supporting
information to show how the record is
inaccurate. A request for contesting
records pertaining to an individual
should contain:
• Name,
• Address,
• ZIP code,
• Name of system of record,
• Year of records in question, and
• Any other pertinent information to
help identify the file.
NOTIFICATION PROCEDURE:
An individual may request
information regarding this system of
records or information as to whether the
system contains records pertaining to
the individual from the System Manager
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The prior document for this system of
record was published on March 14,
2012 (77 FR 15026).
[FR Doc. 2019–05466 Filed 3–21–19; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Farm Service Agency
Commodity Credit Corporation
Office of the Secretary; Privacy Act of
1974; System of Records
Department of Agriculture,
USDA.
ACTION: Notice of a modified system of
records.
AGENCY:
As required by the Privacy
Act of 1974, and Office of Management
and Budget (OMB) Circular No. A–108,
this notice proposes that the United
States Department of Agriculture (USDA
or Department) revisions to the Privacy
Act System of Records titled Applicant/
Borrower USDA/FSA–14, which
include information on current, former,
and prospective applicants and
borrowers including members of
entities. The system contains
information on agricultural producers in
the United States requesting or
obtaining the Farm Service Agency
(FSA) Farm Loan Programs benefits. In
general, USDA proposes to revise the
system of records to make minor
corrections and updates to meet
additional requirements. USDA is also
revising the system of records to add 10
new routine uses.
DATES: Comment Dates: We will
consider comments that we receive on
or before April 22, 2019.
SUMMARY:
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10775
Effective Date: This notice is
applicable upon publication, subject to
a 30-day comment period for the routine
uses.
ADDRESSES: We invite you to submit
comments on this notice. In your
comment, include the system of records
number (USDA/FSA–14). You may
submit comments by any of the
following methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail, hand delivery, or courier:
USDA, Farm Production and
Conservation, Farm Service Agency,
STOP 0508, 1400 Independence Ave.
SW, Washington, DC 20250–0508.
All comments will be made public by
USDA and will be posted without
change to https://www.regulations.gov,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: John
Shea, Acting Director, External Affairs,
Farm Production and ConservationBusiness Center, 1400 Independence
Ave. SW, Room 6740 South Building,
Washington, DC 20250, email address—
john.shea@rma.usda.gov, 202–690–
0437; or Kaveh Sadeghzadeh, Acting
Director, External Affairs, Farm
Production and Conservation-Business
Center, 1400 Independence Ave. SW,
Room 6121, Washington, DC 20250,
email address—Kaveh.Sadeghzadeh@
wdc.usda.gov, 202–720–2182, or Philip
Buchan, (301) 504–1701,
Philip.Buchan@wdc.usda.gov. Persons
with disabilities or who require
alternative means for communications
should contact the USDA Target Center
at (202) 720–2600 (voice).
SUPPLEMENTARY INFORMATION: USDA
maintains the Applicant/Borrower
USDA/FSA–14 Privacy Act system of
records to collect and manage
information on current, former, and
prospective applicants and borrowers
who are agricultural producers in the
United States including members of
entities. The mission of FSA is to
deliver federal farm program benefits
and loans to farm and ranch owners and
operators to support farms and ranches,
protect the environment, and enhance
the marketing of agricultural products.
The system of records covers
information regarding current, former,
and prospective applicants, and current
and former borrowers.
The last revision of Privacy Act
system of records for USDA/FSA–14
was published in the Federal Register
on September 10, 2001 (66 FR 46986–
46991).
USDA is making changes throughout
the systems of records for required
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updates, clarity, and other minor
administrative updates to the systems.
USDA is also expanding the types of
individuals in the categories of the
individuals covered in this system of
records. USDA is also replacing the list
of specific automated processing
systems in the system of records by
referring the public to the FSA website
for the current and specific automated
processing systems. In addition, USDA
is change to the following sections:
• System Classification,
• System Location;
• System of manager(s);
• Authority for maintenance of the
system;
• Purpose(s) of the system;
• Categories of individual covered by
the system;
• Categories of records in the system;
• Record source categories;
• Routine uses of records maintained
in the system, including categories of
users and the purposes of such use;
• Policies and practices for storage of
records;
• Policies and practices for retention
and disposal of records;
• Administrative, technical, and
physical safeguards,
• Record Access Procedures;
• Contesting record procedures; and
• Notification procedure; and
• History.
USDA is revising the current
designations in USDA/FSA–14 from a
numbered routine use designation to a
lettered designation and reordering the
current routine uses. In addition, USDA
is establishing 10 new routine uses,
revising 1 existing routine use,
removing 1 unnecessary routine use,
and making miscellaneous minor
adjustments throughout the system of
records notice to update and better
reflect the information in the system of
records and to update the system of
records notice to comply with all
applicable laws. USDA added a purpose
section to describe the purpose for
which FSA uses the systems. Each of
the revised and new routine uses are
discussed below. Specifically, USDA is:
1. Revising currently designated
routine uses to lettered designations and
reordering the routine uses;
2. Revising currently designated
routine uses 1 through 5, and 7 through
17;
3. Adding 10 new routine uses to be
designated as routine uses C, D, E, F, U,
V, W, X, Y, and Z, and
4. Deleting currently designated
routine use 6.
The revised designations and order
are shown in the following table, listed
in the new order:
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Redesignated
routine use
letter
Former
routine
use number
Status
(new, revised,
redesignated,
or deleted)
A ..................
B ..................
C ..................
D ..................
E ..................
F ..................
G .................
H ..................
I ...................
J ..................
K ..................
L ..................
M .................
N ..................
O .................
P ..................
Q .................
13
4
....................
....................
....................
....................
1
2
3
5
7
8
9
10
11
12
14
R ..................
S ..................
T ..................
U ..................
V ..................
W .................
X ..................
Y ..................
Z ..................
15
16
17
....................
....................
....................
....................
....................
....................
6
redesignated.
redesignated.
new.
new.
new.
new.
redesignated.
redesignated.
redesignated.
redesignated.
redesignated.
redesignated.
redesignated.
redesignated.
redesignated.
redesignated.
Revised and redesignated.
redesignated.
redesignated.
redesignated.
new.
new.
new.
new.
new.
new.
deleted.
Proposed Revised Routine Use Q
(Formerly Routine Use 14)
USDA is revising routine use Q to
establish that FSA will disclose records
to the Department of Housing and Urban
Development in support of the Credit
Alert Verification Reporting System
(CAIVRS). CAIVRS is a Federal
Government database of delinquent
federal debtors that when reviewed,
allows federal agencies to reduce the
risk to federal loan and loan guarantee
programs. CAIVRS alerts participating
federal lending agencies when an
applicant for credit benefits has a
federal lien, judgment, or a federal loan
that is currently in default or
foreclosure, or has had a claim paid by
a reporting agency. CAIVRS allows
authorized employees of participating
federal agencies to access a database of
delinquent federal borrowers for the
purpose of pre-screening direct loan
applicants for credit worthiness and
also permits approved private lenders
acting on behalf of the federal agency to
access the delinquent borrower database
for the purpose of pre-screening the
credit worthiness of applicants for
federally guaranteed loans. CAIVRS
authority is from the Computer
Matching and Privacy Protection Act of
1988 (Pub. L. 100–503) as amended,
Office of Management and Budget
(OMB) Circular A–129 Revised (Policies
for Federal Credit Programs and NonTax Receivables), and the Budget and
Accounting Acts of 1921 and 1950, as
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amended, the Debt Collection Act of
1982, as amended, the Deficit Reduction
Act of 1984, as amended, and the Debt
Collection Improvement Act of 1996, as
amended.
Proposed New Routine Use C
USDA is adding a new routine use C
to establish that FSA will disclose the
records to the National Archives and
Records Administration or to the
General Services Administration for
records management program purposes
as specified in 44 U.S.C. 2906(a)(1).
Proposed New Routine Use D
USDA is adding a new routine use D
to establish that FSA will disclose the
records to an agency, organization, or
individual that is required for
performing audit or oversight operations
as authorized by law.
Proposed New Routine Use E
USDA is adding a new routine use E
to establish that under the identified
conditions, FSA will disclose the
records to appropriate agencies, entities,
and persons in response to a suspected
or confirmed information security
incident or breach.
Proposed New Routine Use F
USDA is adding a new routine use F
to establish that FSA will disclose the
records to contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, grant, cooperative agreement,
or other assignment for USDA when
certain conditions are met.
Proposed New Routine Use U
USDA is adding a new routine use U
to establish that FSA will disclose the
records to those persons or federal,
State, local, or tribal agencies working
in cooperation with the USDA Secretary
in any USDA program.
Proposed New Routine Use V
USDA is adding a new routine use V
to establish that FSA will disclose the
records to consumer reporting agencies.
Proposed New Routine Use W
USDA is adding a new routine use W
to establish that FSA will disclose the
records in accordance with the Federal
Funding Accountability and
Transparency Act of 2006 (Pub. L. 109–
282; codified at 31 U.S.C. 6101–6104);
section 204 of the E-Government Act of
2002 (Pub. L. 107–347; 44 U.S.C. 3501
noted), and the Office of Federal
Procurement Policy Act (41 U.S.C.
1102–1122), or similar laws.
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Proposed New Routine Use X
USDA is adding a new routine use X
to establish that FSA will disclose the
records to the news media and the
public.
Proposed New Routine Use Y
USDA is adding new routine use Y to
establish that FSA will disclose records
to the Department of the Treasury in
support of the Do Not Pay program. In
order to help eliminate waste, fraud,
and abuse in federal programs, federal
agencies are to focus on preventing
payment errors before they occur. The
purpose of the Do Not Pay program is
to reduce improper payments by
intensifying efforts to eliminate
payment error, waste, fraud, and abuse
in the major programs administered by
the Federal Government, while
continuing to ensure that federal
programs serve and provide access to
their intended beneficiaries. Federal
agencies will do a thorough review of
the Do Not Pay computer matching
database, to the extent permitted by law
determine applicant eligibility before
the release of any federal funds. By
checking the Do Not Pay database before
making payments, federal agencies can
identify ineligible recipients and
prevent certain improper payments from
being made. The Do Not Pay program
authority is from the Improper
Payments Elimination and Recovery
Improvement Act of 2012 (Pub. L. 112–
248).
Proposed New Routine Use Z
USDA is adding new routine use Z to
disclose records to another Federal
entity 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,
mitigating, or remedying the risk of
harm to individuals, the agency
(including its information systems,
programs, and operations), the Federal
Government, or national security.
Deleted Routine Use 6
USDA is deleting routine use number
6. The deleted routine use addressed
disclosure of information to a court or
adjudicative body before which the
agency was authorized to appear. This
routine use is addressed under
redesignated routine use A.
Privacy Act
As required by the Privacy Act
(specifically 5 U.S.C. 552a(r)) and
implemented by the Office of
Management and Budget (OMB)
Circular A–108, USDA has provided a
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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.
Richard Fordyce,
Administrator, Farm Service Agency.
Thomas W. Christensen,
Acting Executive Vice President, Commodity
Credit Corporation.
SYSTEM NAME AND NUMBER
Applicant/Borrower, USDA/FSA–14.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system of records is under the
control of the Deputy Administrator,
Farm Loan Programs, Farm Service
Agency (FSA), 1400 Independence
Avenue SW, Stop 0520, Washington, DC
20250–0520.
Records are maintained at the FSA
county offices through which the
financial assistance was sought or
obtained: The FSA State offices; the
Farm Loan Programs Office, FSA, 1400
Independence Ave, SW, Stop 0520,
Washington, DC 20250–0520; the
Financial Management Division, FSA,
4300 Goodfellow Boulevard, Building
104, Stop FC 51, St. Louis, MO 63120–
1703; and the USDA National
Information Technology Center, 8930
Ward Parkway, Kansas City, MO 64114–
3302. The address of each FSA county
office and FSA State office can be found
in the local telephone directory under
the heading ‘‘United States Government,
Department of Agriculture, Farm
Service Agency.’’
SYSTEM MANAGER(S):
Bill Cobb, Acting. Deputy
Administrator, Farm Loan Programs,
FSA, 1400 Independence Avenue SW,
Stop 0520, Washington, DC 20250–
0520, bill.cobb@wdc.usda.gov, (202)
720–1059.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921–2009.
PURPOSE(S) OF THE SYSTEM:
To deliver federal farm loan programs
benefits to farm and ranch owners and
operators to support farms and ranches
and protect the environment.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current, former, and prospective
producers or landowners, farm and
ranch owners, operators, tenants,
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applicants, and borrowers, cooperators,
representatives of including members of
entities.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in the system of
records consists of electronic and hard
copy documentation of participation in
FSA programs, including active
programs as well as discontinued
programs. The information in the
system of records consists of files
containing characteristics of applicants
and borrowers and their respective
household members, such as such as
gross and net income, sources of
income, capital, assets, liabilities, net
worth, age, race, number of dependents,
marital status, reference material, farm
or ranch operating plans, property
appraisals, credit reports, and personal
references from credit agencies, lenders,
businesses, and individuals. In addition,
a running record of observation
concerning the operations of the person
being financed is included. A record of
deposits to and withdrawals from an
individual’s supervised bank account is
also contained in those files where
appropriate.
A listing of the automated systems
processing the records (that is, the FSA
Systems Inventory Book) may be found
through a search on the USDA–FSA
home page (https://www.fsa.usda.gov).
The FSA Systems Inventory Book is
detailed reference guide, sourced from
the FSA Systems Inventory, which
compiles descriptive data and
characteristics pertaining to each
system, sub-system, and component;
organized by Investment Number. The
FSA Systems Inventory Book is
prepared to provide additional
information including the nature and
character of the programs themselves,
including the overall Information
Technology (IT) environment of
systems, subsystems, and components
supporting them. The FSA Systems
Inventory Book helps tie business and
applications or systems and
infrastructure back to their reason for
existence—supporting the mission of
FSA.
The FSA Systems Inventory Book also
maintains information about inactive,
retired, and transferred systems;
summary of systems listed by office; and
current IT Investment listing. It is
updated and published twice a year,
with a wide distribution to FSA
employees, contractors, and both
Government and non-Government
visitors.
RECORDS SOURCE CATEGORIES:
Information in this system of records
is provided by the individual borrower,
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credit reports, and personal references
from credit agencies and creditors.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records or information contained in
this system of records may be disclosed
outside USDA as a routine use (see 5
U.S.C. 552a(b)(3)) as follows:
A. To the Department of Justice when:
1. USDA or any part of USDA;
2. Any USDA employee in an official
capacity if the Department of Justice has
agreed to represent the employee; or
3. The United States Government is a
party to litigation or has an interest in
such litigation, and by careful review,
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 therefore
deemed by USDA to be for a purpose
that is compatible with the purpose for
which FSA collected the records.
B. To a Member of Congress or to a
Congressional staff member in response
to a request of the Congressional office
made at the written request of the
constituent about whom the record is
maintained.
C. To the National Archives and
Records Administration or to the
General Services Administration, for
records management inspections
conducted as specified in 44 U.S.C.
2904 and 2906.
D. 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 the specific audit or oversight.
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 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.
F. To contractors, grantees, experts,
consultants, and their agents, and others
performing or working on a contract,
grant, cooperative agreement, or other
assignment for USDA, when necessary
to accomplish a USDA function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
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requirements and limitations on
disclosure as are applicable to USDA
officers and employees.
G. 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 law or particular
program law, or by regulation, rule, or
order issued as a result of that law,
disclosure may be made 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 law, rule,
regulation, or order issued as a result of
that law, if the information disclosed is
relevant to any enforcement, regulatory,
investigative, or prosecutive
responsibility of the receiving entity.
H. To business firms in a trade area
that buy chattel or crops or sell them for
commission. The disclosure may
include the name, home address, Social
Security Numbers, and financial
information. This is being done so that
FSA may benefit from the purchaser
notification provisions of section 1324
of the Food Security Act of 1985 (7
U.S.C. 163(e)), which requires that
potential purchasers of farm
commodities must be advised ahead of
time that a lien exists in order for the
creditor to perfect its lien against such
purchases.
I. To the appropriate authority when
a default involves a security interest in
Indian reservation. The disclosure may
include the name, home address, and
information concerning default on loan
repayment. Pursuant to the section 335
(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1985),
liquidation may be pursued only after
offering to transfer the account to an
eligible tribal member, to and Indian
corporate entity of the tribe, or the tribe.
J. To a collection or servicing
contractor, financial institution, or a
federal, State, or local agency, when
FSA determines such referral is
appropriate for servicing or collecting
the borrower’s account or as provided in
contracts with servicing or collection
agencies. The disclosure may include
name, home address, Social Security
Number, and financial information.
K. To financial consultants, advisors,
lending institutions, packagers, agents,
and private or commercial credit
sources when FSA determines such
referral is appropriate to encourage the
borrowers to refinance their FSA
indebtedness as required by section 345
(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1993). The
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disclosure may include name, address,
and financial information for selected
borrowers.
L. To the Department of the Treasury,
Internal Revenue Service (IRS), any
legally enforceable debt(s), to be offset
against any tax refund that may become
due to the debtor for the tax year in
which the referral is made, in
accordance with the IRS regulations in
26 CFR 301.6402–6T, ‘‘Offset of Past
Due Legally Enforceable Debt Against
Overpayment,’’ and under the authority
in 31 U.S.C. 3720A.
M. To the Defense Manpower Data
Center, Department of Defense, and the
United States Postal Service any
information regarding indebtedness, for
the purpose of conducting computer
matching programs to identify and
locate individuals receiving federal
salary or benefit payments and who are
delinquent in their repayment of debts
owed to the U.S. Government under
certain programs administered by FSA
in order to collect debts under the
provisions of the Debt Collection Act of
1982 (Pub. L. 97–365) by voluntary
repayment, administrative or salary
offset procedures, or by collection
agencies.
N. To lending institutions any
financial information when FSA
determines the individual may be
financially capable of qualifying for
credit with or without a guarantee. The
referral may contain name, home
address, and financial information.
O. To lending institutions that have a
lien against the same property as FSA,
for the purpose of the collection of the
debt for loans under the direct or
guaranteed loan programs. Disclosure
may include names, home addresses,
Social Security Numbers, and financial
information.
P. To private attorneys under contract
with either FSA or with the Department
of Justice for the purpose of foreclosure
and possession actions and collection of
past due accounts in connection with
FSA loans.
Q. The Department of Housing and
Urban Development, Credit Alert
Interactive Verification Reporting
System (CAIVRS), for its use in
providing information to federal
agencies and private lenders to assist in
evaluating the credit worthiness of
federal loan applicants. Information
may be disclosed to federal agencies
pursuant to the Debt Collection
Improvement Act and related
authorities for any purpose related to
debt collection, including locating
debtors for debt collection efforts and/
or effecting remedies against monies
payable to such debtors by the Federal
Government. In accordance with
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computer matching or data sharing
programs, information may be disclosed
to federal agencies. The disclosure may
include the applicant’s name, home
address, Social Security Number, and
income or financial information.
R. To the Department of Labor, State
Wage Information Collection agencies,
and other federal, State, and local
agencies, as well as those responsible
for verifying information furnished to
qualify for federal benefits, to conduct
wage and benefit matching through
manual or automated means, for the
purpose of determining compliance
with federal regulations and appropriate
servicing actions against those not
entitled to program benefits, including
possible recovery of improper benefits.
This may include name, home
addresses, Social Security Numbers, and
financial information.
S. To financial consultants, advisors,
or underwriters, when FSA determines
such referral is appropriate for
developing packaging and marketing
strategies involving the sale of FSA loan
assets. The referral may include names,
home addresses, and financial
information.
T. To State-certified or State-licensed
appraisers and employees of federal
agencies qualified to perform and
actually performing real estate
appraisals for USDA. Records that will
be disclosed include only the data that
is necessary for the appraiser to
complete the appraisal.
U. To cooperating persons or federal,
State, local, or Tribal agencies working
in cooperation with the Secretary in any
USDA program. Records that will be
disclosed include only the data that is
necessary for the cooperating person or
agency to complete work on the USDA
program.
V. To consumer reporting agencies as
defined in the Fair Credit Reporting Act
(15 U.S.C. 1681a(f)) or the Federal
Claims Collection Act, as amended (31
U.S.C. 3701(a)(3)).
W. USDA will disclose information
about individual from this system of
records in accordance with the Federal
Funding Accountability and
Transparency Act of 2006 (31 U.S.C.
6101–6106); section 204 of the EGovernment Act of 2002 (44 U.S.C. 3501
note), and the Office of Federal
Procurement Policy Act (41 U.S.C. 403–
440), or similar laws requiring agencies
to make available publicly names,
locations, and other 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.
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X. To the media and the public, in
consultation with counsel, when there
exists a legitimate public interest in the
disclosure of the information or when
disclosure is necessary to preserve
confidence in the integrity of USDA or
is necessary to demonstrate the
accountability of USDA’s officers,
employees, or individuals covered by
the system, except to the extent it is
determined that release of the specific
information in the context of a
particular case would constitute an
unwarranted invasion of personal
privacy.
Y. To the Department of Treasury for
administering the Do Not Pay Initiative
under the Improper Payments
Elimination and Recovery Improvement
Act of 2012 (IPERIA). As required by
IPERIA and the Bipartisan Budget Act of
2018, records maintained in this system
will be disclosed to (1) a Federal or state
agency, its employees, agents (including
contractors of its agents) or contractors;
or, (2) a fiscal or financial agent
designated by the Bureau of the Fiscal
Service or other Department of the
Treasury bureau or office, including
employees, agents or contractors of such
agent; or, (3) a contractor of the Bureau
of the Fiscal Service, for the purpose of
identifying, preventing, and recovering
improper payments to an applicant for,
or recipient of, Federal funds, including
funds disbursed by a state in a stateadministered, federally-funded program.
Records disclosed under this routine
use may be used to conduct
computerized comparisons to identify,
prevent and recover improper
payments, and to identify and mitigate
fraud, waste, and abuse in federal
payments. The disclosure may include
applicant’s name, home address, Social
Security Number, income or financial
data, date of birth, personal telephone
number, and personal email address.
Z. 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, mitigating, or
remedying the risk of harm to
individuals, the agency (including its
information systems, programs, and
operations), the Federal Government, or
national security.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system of records are
stored electronically on security
measure protected (for example, eauthentication, password, restricted
access protocol, etc.) databases,
electronically on e-media devices
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10779
(computer hard drive, magnetic disc,
tape, digital media, CD, DVD, etc.), and
on paper copy. Record storage is located
within secured or locked facilities.
See also ‘‘Policies and Practices for
Retrieval of Records,’’ ‘‘Policies and
Practices for Retention and Disposal of
Records,’’ ‘‘Administrative, Technical,
and Physical Safeguards,’’ ‘‘Records
Access Procedures,’’ and ‘‘Notification
Procedures.’’
POLICIES AND PRACTICES FOR RETRIEVEAL OF
RECORDS:
Records may be retrieved by the
individual’s name, Social Security
Number, tax identification number, loan
number, and farm number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained in file folders
and Department computer systems at
applicable locations as set out above
under the heading ‘‘System Location.’’
Detailed retention and disposal
instructions are provided in Records
Control Schedule RG 0145: Farm
Service Agency.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Records in this system of records are
safeguarded in accordance with
applicable rules and policies, including
all applicable USDA automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer systems containing the
records in this system of records 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.
RECORDS ACCESS PROCEDURES:
To request notification of and access
to any record contained in the system of
records, or to contest the content of a
record, submit a request in writing to
the FSA FOIA officer or the FOIA officer
for the relevant part of USDA
responsible for your information (FIOA
contact information is at https://
www.da.usda.gov/foia.htm). If you
believe more than one USDA agency
maintains Privacy Act records
concerning you, submit the request to
the Chief FOIA Officer, Department of
Agriculture, 1400 Independence Avenue
SW, Washington, DC 20250.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations in 7 CFR 1.110–1.122, as
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices
follows. Verify your identity by
providing your:
• Full name,
• Current address, and
• Date and place of birth.
You must sign your request, and your
signature must either be notarized or
submitted under 28 U.S.C. 1746, which
is a law that permits statements to be
made under penalty of perjury as a
substitute for notarization. While no
specific form is required, you may
obtain forms for this purpose from the
Chief FOIA Officer, Department of
Agriculture, 1400 Independence Ave.
SW, Washington, DC 20250. In addition,
you should provide the following:
• Explain why you believe USDA
would have information on you,
• Identify which USDA agency you
believe may have the information about
you,
• Specify when you believe the
records would have been created, and
• Provide any other information that
will help the FOIA staff determine
which USDA component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying agreement for you
to access the records.
If your request does not include the
information specified above, FSA may
not be able to conduct an effective
search, and may result in your request
being denied due to lack of specificity
or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or
amend information maintained in the
system should direct their request to the
above listed System Manager and
should include the reason for contesting
it and the proposed amendment to the
information with supporting
information to show how the record is
inaccurate. A request for contesting
records pertaining to an individual
should contain:
• Name,
• Address,
• ZIP code,
• Name of system of record,
• Year of records in question, and
• Any other pertinent information to
help identify the file.
NOTIFICATION PROCEDURES:
An individual may request
information regarding this system of
records or information as to whether the
system contains records pertaining to
the individual from the System Manager
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
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HISTORY:
The prior document for this system of
record was published on September 10,
20001 (66 FR 46986).
[FR Doc. 2019–05464 Filed 3–21–19; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection
Activities: Proposed Collection;
Comment Request—WIC Participant
and Program Characteristics Study
2020 and 2022
Food and Nutrition Service
(FNS), United States Department of
Agriculture (USDA).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Food and Nutrition Service (FNS)
invites the general public and other
public agencies to comment on this
proposed information collection for the
WIC Participant and Program
Characteristics study. This collection is
an extension, without change, of a
currently approved collection and the
data collected from this study will be
used to produce biennial reports on
participant and program characteristics
in WIC for 2020 and 2022.
DATES: Written comments on this notice
must be received on or before May 21,
2019.
ADDRESSES: Comments may be sent to:
Anna Potter Clifford, Policy Analyst,
Office of Policy Support, Food and
Nutrition Service, U.S. Department of
Agriculture, 3101 Park Center Drive,
Room 1014, Alexandria, VA 22302.
Comments may also be submitted via
fax to the attention of Anna Potter
Clifford at 703–305–2719 or via email to
anna.potter@fns.usda.gov. Comments
will also be accepted through the
Federal eRulemaking Portal. Go to
https://www.regulations.gov, and follow
the online instructions for submitting
comments electronically.
All responses to this notice will be
summarized and included in the request
for Office of Management and Budget
approval. All comments will be a matter
of public record.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of this information collection
should be directed to Anna Potter
Clifford at 703–305–2719.
SUPPLEMENTARY INFORMATION: Comments
are invited on: (a) Whether the proposed
collection of information is necessary
SUMMARY:
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for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Title: WIC Participant and Program
Characteristics Study 2020 and 2022.
Form Number: N/A.
OMB Number: 0584–0609.
Expiration Date: August 31, 2019.
Type of Request: Extension without
change, of a currently approved
collection.
The Special Supplemental Nutrition
Program for Women, Infants, and
Children (WIC) is administered by the
U.S. Department of Agriculture’s
(USDA) Food and Nutrition Service
(FNS). WIC benefits include nutritious
supplemental foods; nutrition
education; counseling, including
breastfeeding promotion and support;
and referrals to health care, social
service, and other community providers
for pregnant, breastfeeding, and
postpartum women, infants, and
children up to the age of 5 years. For
pregnant women, WIC seeks to improve
fetal development and reduce the
incidence of low birth weight, short
gestation, and anemia through
intervention during the prenatal period.
For infants and children, WIC seeks to
provide nutritious foods during critical
times of growth and development in an
effort to prevent health problems and to
improve the health status of these
children.
WIC was established in 1972 by an
amendment to the Child Nutrition Act
of 1966. WIC is not an entitlement
program. To receive WIC benefits, an
individual must be categorically
eligible: A pregnant, breastfeeding, or
postpartum woman; an infant up to the
age of 1 year; or a child age 1 through
his or her fifth birthday. In addition,
each applicant must be found to be
income eligible and at nutritional risk.
Eligible applicants receive supplemental
food, usually in the form of vouchers,
checks, or Electronic Benefits Transfer
cards that allow them to obtain specific
types of food (for example, milk, juice,
and cereal) from participating retail
vendors at no charge.
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[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10775-10780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05464]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Farm Service Agency
Commodity Credit Corporation
Office of the Secretary; Privacy Act of 1974; System of Records
AGENCY: Department of Agriculture, USDA.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, and Office of
Management and Budget (OMB) Circular No. A-108, this notice proposes
that the United States Department of Agriculture (USDA or Department)
revisions to the Privacy Act System of Records titled Applicant/
Borrower USDA/FSA-14, which include information on current, former, and
prospective applicants and borrowers including members of entities. The
system contains information on agricultural producers in the United
States requesting or obtaining the Farm Service Agency (FSA) Farm Loan
Programs benefits. In general, USDA proposes to revise the system of
records to make minor corrections and updates to meet additional
requirements. USDA is also revising the system of records to add 10 new
routine uses.
DATES: Comment Dates: We will consider comments that we receive on or
before April 22, 2019.
Effective Date: This notice is applicable upon publication, subject
to a 30-day comment period for the routine uses.
ADDRESSES: We invite you to submit comments on this notice. In your
comment, include the system of records number (USDA/FSA-14). You may
submit comments by any of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail, hand delivery, or courier: USDA, Farm Production and
Conservation, Farm Service Agency, STOP 0508, 1400 Independence Ave.
SW, Washington, DC 20250-0508.
All comments will be made public by USDA and will be posted without
change to https://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: John Shea, Acting Director, External
Affairs, Farm Production and Conservation-Business Center, 1400
Independence Ave. SW, Room 6740 South Building, Washington, DC 20250,
email address_john.shea@rma.usda.gov, 202-690-0437; or Kaveh
Sadeghzadeh, Acting Director, External Affairs, Farm Production and
Conservation-Business Center, 1400 Independence Ave. SW, Room 6121,
Washington, DC 20250, email address_Kaveh.Sadeghzadeh@wdc.usda.gov,
202-720-2182, or Philip Buchan, (301) 504-1701,
Philip.Buchan@wdc.usda.gov. Persons with disabilities or who require
alternative means for communications should contact the USDA Target
Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION: USDA maintains the Applicant/Borrower USDA/
FSA-14 Privacy Act system of records to collect and manage information
on current, former, and prospective applicants and borrowers who are
agricultural producers in the United States including members of
entities. The mission of FSA is to deliver federal farm program
benefits and loans to farm and ranch owners and operators to support
farms and ranches, protect the environment, and enhance the marketing
of agricultural products. The system of records covers information
regarding current, former, and prospective applicants, and current and
former borrowers.
The last revision of Privacy Act system of records for USDA/FSA-14
was published in the Federal Register on September 10, 2001 (66 FR
46986-46991).
USDA is making changes throughout the systems of records for
required
[[Page 10776]]
updates, clarity, and other minor administrative updates to the
systems. USDA is also expanding the types of individuals in the
categories of the individuals covered in this system of records. USDA
is also replacing the list of specific automated processing systems in
the system of records by referring the public to the FSA website for
the current and specific automated processing systems. In addition,
USDA is change to the following sections:
System Classification,
System Location;
System of manager(s);
Authority for maintenance of the system;
Purpose(s) of the system;
Categories of individual covered by the system;
Categories of records in the system;
Record source categories;
Routine uses of records maintained in the system,
including categories of users and the purposes of such use;
Policies and practices for storage of records;
Policies and practices for retention and disposal of
records;
Administrative, technical, and physical safeguards,
Record Access Procedures;
Contesting record procedures; and
Notification procedure; and
History.
USDA is revising the current designations in USDA/FSA-14 from a
numbered routine use designation to a lettered designation and
reordering the current routine uses. In addition, USDA is establishing
10 new routine uses, revising 1 existing routine use, removing 1
unnecessary routine use, and making miscellaneous minor adjustments
throughout the system of records notice to update and better reflect
the information in the system of records and to update the system of
records notice to comply with all applicable laws. USDA added a purpose
section to describe the purpose for which FSA uses the systems. Each of
the revised and new routine uses are discussed below. Specifically,
USDA is:
1. Revising currently designated routine uses to lettered
designations and reordering the routine uses;
2. Revising currently designated routine uses 1 through 5, and 7
through 17;
3. Adding 10 new routine uses to be designated as routine uses C,
D, E, F, U, V, W, X, Y, and Z, and
4. Deleting currently designated routine use 6.
The revised designations and order are shown in the following
table, listed in the new order:
------------------------------------------------------------------------
Former
Redesignated routine use routine use Status (new, revised,
letter number redesignated, or deleted)
------------------------------------------------------------------------
A............................ 13 redesignated.
B............................ 4 redesignated.
C............................ ........... new.
D............................ ........... new.
E............................ ........... new.
F............................ ........... new.
G............................ 1 redesignated.
H............................ 2 redesignated.
I............................ 3 redesignated.
J............................ 5 redesignated.
K............................ 7 redesignated.
L............................ 8 redesignated.
M............................ 9 redesignated.
N............................ 10 redesignated.
O............................ 11 redesignated.
P............................ 12 redesignated.
Q............................ 14 Revised and redesignated.
R............................ 15 redesignated.
S............................ 16 redesignated.
T............................ 17 redesignated.
U............................ ........... new.
V............................ ........... new.
W............................ ........... new.
X............................ ........... new.
Y............................ ........... new.
Z............................ ........... new.
6 deleted.
------------------------------------------------------------------------
Proposed Revised Routine Use Q (Formerly Routine Use 14)
USDA is revising routine use Q to establish that FSA will disclose
records to the Department of Housing and Urban Development in support
of the Credit Alert Verification Reporting System (CAIVRS). CAIVRS is a
Federal Government database of delinquent federal debtors that when
reviewed, allows federal agencies to reduce the risk to federal loan
and loan guarantee programs. CAIVRS alerts participating federal
lending agencies when an applicant for credit benefits has a federal
lien, judgment, or a federal loan that is currently in default or
foreclosure, or has had a claim paid by a reporting agency. CAIVRS
allows authorized employees of participating federal agencies to access
a database of delinquent federal borrowers for the purpose of pre-
screening direct loan applicants for credit worthiness and also permits
approved private lenders acting on behalf of the federal agency to
access the delinquent borrower database for the purpose of pre-
screening the credit worthiness of applicants for federally guaranteed
loans. CAIVRS authority is from the Computer Matching and Privacy
Protection Act of 1988 (Pub. L. 100-503) as amended, Office of
Management and Budget (OMB) Circular A-129 Revised (Policies for
Federal Credit Programs and Non-Tax Receivables), and the Budget and
Accounting Acts of 1921 and 1950, as amended, the Debt Collection Act
of 1982, as amended, the Deficit Reduction Act of 1984, as amended, and
the Debt Collection Improvement Act of 1996, as amended.
Proposed New Routine Use C
USDA is adding a new routine use C to establish that FSA will
disclose the records to the National Archives and Records
Administration or to the General Services Administration for records
management program purposes as specified in 44 U.S.C. 2906(a)(1).
Proposed New Routine Use D
USDA is adding a new routine use D to establish that FSA will
disclose the records to an agency, organization, or individual that is
required for performing audit or oversight operations as authorized by
law.
Proposed New Routine Use E
USDA is adding a new routine use E to establish that under the
identified conditions, FSA will disclose the records to appropriate
agencies, entities, and persons in response to a suspected or confirmed
information security incident or breach.
Proposed New Routine Use F
USDA is adding a new routine use F to establish that FSA will
disclose the records to contractors and their agents, grantees,
experts, consultants, and others performing or working on a contract,
grant, cooperative agreement, or other assignment for USDA when certain
conditions are met.
Proposed New Routine Use U
USDA is adding a new routine use U to establish that FSA will
disclose the records to those persons or federal, State, local, or
tribal agencies working in cooperation with the USDA Secretary in any
USDA program.
Proposed New Routine Use V
USDA is adding a new routine use V to establish that FSA will
disclose the records to consumer reporting agencies.
Proposed New Routine Use W
USDA is adding a new routine use W to establish that FSA will
disclose the records in accordance with the Federal Funding
Accountability and Transparency Act of 2006 (Pub. L. 109-282; codified
at 31 U.S.C. 6101-6104); section 204 of the E-Government Act of 2002
(Pub. L. 107-347; 44 U.S.C. 3501 noted), and the Office of Federal
Procurement Policy Act (41 U.S.C. 1102-1122), or similar laws.
[[Page 10777]]
Proposed New Routine Use X
USDA is adding a new routine use X to establish that FSA will
disclose the records to the news media and the public.
Proposed New Routine Use Y
USDA is adding new routine use Y to establish that FSA will
disclose records to the Department of the Treasury in support of the Do
Not Pay program. In order to help eliminate waste, fraud, and abuse in
federal programs, federal agencies are to focus on preventing payment
errors before they occur. The purpose of the Do Not Pay program is to
reduce improper payments by intensifying efforts to eliminate payment
error, waste, fraud, and abuse in the major programs administered by
the Federal Government, while continuing to ensure that federal
programs serve and provide access to their intended beneficiaries.
Federal agencies will do a thorough review of the Do Not Pay computer
matching database, to the extent permitted by law determine applicant
eligibility before the release of any federal funds. By checking the Do
Not Pay database before making payments, federal agencies can identify
ineligible recipients and prevent certain improper payments from being
made. The Do Not Pay program authority is from the Improper Payments
Elimination and Recovery Improvement Act of 2012 (Pub. L. 112-248).
Proposed New Routine Use Z
USDA is adding new routine use Z to disclose records to another
Federal entity 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, mitigating, or remedying the risk of harm to
individuals, the agency (including its information systems, programs,
and operations), the Federal Government, or national security.
Deleted Routine Use 6
USDA is deleting routine use number 6. The deleted routine use
addressed disclosure of information to a court or adjudicative body
before which the agency was authorized to appear. This routine use is
addressed under redesignated routine use A.
Privacy Act
As required by the Privacy Act (specifically 5 U.S.C. 552a(r)) and
implemented by the Office of Management and Budget (OMB) Circular A-
108, 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.
Richard Fordyce,
Administrator, Farm Service Agency.
Thomas W. Christensen,
Acting Executive Vice President, Commodity Credit Corporation.
SYSTEM NAME AND NUMBER
Applicant/Borrower, USDA/FSA-14.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system of records is under the control of the Deputy
Administrator, Farm Loan Programs, Farm Service Agency (FSA), 1400
Independence Avenue SW, Stop 0520, Washington, DC 20250-0520.
Records are maintained at the FSA county offices through which the
financial assistance was sought or obtained: The FSA State offices; the
Farm Loan Programs Office, FSA, 1400 Independence Ave, SW, Stop 0520,
Washington, DC 20250-0520; the Financial Management Division, FSA, 4300
Goodfellow Boulevard, Building 104, Stop FC 51, St. Louis, MO 63120-
1703; and the USDA National Information Technology Center, 8930 Ward
Parkway, Kansas City, MO 64114-3302. The address of each FSA county
office and FSA State office can be found in the local telephone
directory under the heading ``United States Government, Department of
Agriculture, Farm Service Agency.''
SYSTEM MANAGER(S):
Bill Cobb, Acting. Deputy Administrator, Farm Loan Programs, FSA,
1400 Independence Avenue SW, Stop 0520, Washington, DC 20250-0520,
bill.cobb@wdc.usda.gov, (202) 720-1059.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921-2009.
PURPOSE(S) OF THE SYSTEM:
To deliver federal farm loan programs benefits to farm and ranch
owners and operators to support farms and ranches and protect the
environment.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current, former, and prospective producers or landowners, farm and
ranch owners, operators, tenants, applicants, and borrowers,
cooperators, representatives of including members of entities.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in the system of records consists of electronic and
hard copy documentation of participation in FSA programs, including
active programs as well as discontinued programs. The information in
the system of records consists of files containing characteristics of
applicants and borrowers and their respective household members, such
as such as gross and net income, sources of income, capital, assets,
liabilities, net worth, age, race, number of dependents, marital
status, reference material, farm or ranch operating plans, property
appraisals, credit reports, and personal references from credit
agencies, lenders, businesses, and individuals. In addition, a running
record of observation concerning the operations of the person being
financed is included. A record of deposits to and withdrawals from an
individual's supervised bank account is also contained in those files
where appropriate.
A listing of the automated systems processing the records (that is,
the FSA Systems Inventory Book) may be found through a search on the
USDA-FSA home page (https://www.fsa.usda.gov). The FSA Systems Inventory
Book is detailed reference guide, sourced from the FSA Systems
Inventory, which compiles descriptive data and characteristics
pertaining to each system, sub-system, and component; organized by
Investment Number. The FSA Systems Inventory Book is prepared to
provide additional information including the nature and character of
the programs themselves, including the overall Information Technology
(IT) environment of systems, subsystems, and components supporting
them. The FSA Systems Inventory Book helps tie business and
applications or systems and infrastructure back to their reason for
existence--supporting the mission of FSA.
The FSA Systems Inventory Book also maintains information about
inactive, retired, and transferred systems; summary of systems listed
by office; and current IT Investment listing. It is updated and
published twice a year, with a wide distribution to FSA employees,
contractors, and both Government and non-Government visitors.
RECORDS SOURCE CATEGORIES:
Information in this system of records is provided by the individual
borrower,
[[Page 10778]]
credit reports, and personal references from credit agencies and
creditors.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records or information contained in this system of records may be
disclosed outside USDA as a routine use (see 5 U.S.C. 552a(b)(3)) as
follows:
A. To the Department of Justice when:
1. USDA or any part of USDA;
2. Any USDA employee in an official capacity if the Department of
Justice has agreed to represent the employee; or
3. The United States Government is a party to litigation or has an
interest in such litigation, and by careful review, 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 therefore
deemed by USDA to be for a purpose that is compatible with the purpose
for which FSA collected the records.
B. To a Member of Congress or to a Congressional staff member in
response to a request of the Congressional office made at the written
request of the constituent about whom the record is maintained.
C. To the National Archives and Records Administration or to the
General Services Administration, for records management inspections
conducted as specified in 44 U.S.C. 2904 and 2906.
D. 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 the specific audit or
oversight.
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 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.
F. To contractors, grantees, experts, consultants, and their
agents, and others performing or working on a contract, grant,
cooperative agreement, or other assignment for USDA, when necessary to
accomplish a USDA function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to USDA officers and employees.
G. 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 law
or particular program law, or by regulation, rule, or order issued as a
result of that law, disclosure may be made 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 law, rule,
regulation, or order issued as a result of that law, if the information
disclosed is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility of the receiving entity.
H. To business firms in a trade area that buy chattel or crops or
sell them for commission. The disclosure may include the name, home
address, Social Security Numbers, and financial information. This is
being done so that FSA may benefit from the purchaser notification
provisions of section 1324 of the Food Security Act of 1985 (7 U.S.C.
163(e)), which requires that potential purchasers of farm commodities
must be advised ahead of time that a lien exists in order for the
creditor to perfect its lien against such purchases.
I. To the appropriate authority when a default involves a security
interest in Indian reservation. The disclosure may include the name,
home address, and information concerning default on loan repayment.
Pursuant to the section 335 (e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1985), liquidation may be pursued only after
offering to transfer the account to an eligible tribal member, to and
Indian corporate entity of the tribe, or the tribe.
J. To a collection or servicing contractor, financial institution,
or a federal, State, or local agency, when FSA determines such referral
is appropriate for servicing or collecting the borrower's account or as
provided in contracts with servicing or collection agencies. The
disclosure may include name, home address, Social Security Number, and
financial information.
K. To financial consultants, advisors, lending institutions,
packagers, agents, and private or commercial credit sources when FSA
determines such referral is appropriate to encourage the borrowers to
refinance their FSA indebtedness as required by section 345 (e) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1993). The
disclosure may include name, address, and financial information for
selected borrowers.
L. To the Department of the Treasury, Internal Revenue Service
(IRS), any legally enforceable debt(s), to be offset against any tax
refund that may become due to the debtor for the tax year in which the
referral is made, in accordance with the IRS regulations in 26 CFR
301.6402-6T, ``Offset of Past Due Legally Enforceable Debt Against
Overpayment,'' and under the authority in 31 U.S.C. 3720A.
M. To the Defense Manpower Data Center, Department of Defense, and
the United States Postal Service any information regarding
indebtedness, for the purpose of conducting computer matching programs
to identify and locate individuals receiving federal salary or benefit
payments and who are delinquent in their repayment of debts owed to the
U.S. Government under certain programs administered by FSA in order to
collect debts under the provisions of the Debt Collection Act of 1982
(Pub. L. 97-365) by voluntary repayment, administrative or salary
offset procedures, or by collection agencies.
N. To lending institutions any financial information when FSA
determines the individual may be financially capable of qualifying for
credit with or without a guarantee. The referral may contain name, home
address, and financial information.
O. To lending institutions that have a lien against the same
property as FSA, for the purpose of the collection of the debt for
loans under the direct or guaranteed loan programs. Disclosure may
include names, home addresses, Social Security Numbers, and financial
information.
P. To private attorneys under contract with either FSA or with the
Department of Justice for the purpose of foreclosure and possession
actions and collection of past due accounts in connection with FSA
loans.
Q. The Department of Housing and Urban Development, Credit Alert
Interactive Verification Reporting System (CAIVRS), for its use in
providing information to federal agencies and private lenders to assist
in evaluating the credit worthiness of federal loan applicants.
Information may be disclosed to federal agencies pursuant to the Debt
Collection Improvement Act and related authorities for any purpose
related to debt collection, including locating debtors for debt
collection efforts and/or effecting remedies against monies payable to
such debtors by the Federal Government. In accordance with
[[Page 10779]]
computer matching or data sharing programs, information may be
disclosed to federal agencies. The disclosure may include the
applicant's name, home address, Social Security Number, and income or
financial information.
R. To the Department of Labor, State Wage Information Collection
agencies, and other federal, State, and local agencies, as well as
those responsible for verifying information furnished to qualify for
federal benefits, to conduct wage and benefit matching through manual
or automated means, for the purpose of determining compliance with
federal regulations and appropriate servicing actions against those not
entitled to program benefits, including possible recovery of improper
benefits. This may include name, home addresses, Social Security
Numbers, and financial information.
S. To financial consultants, advisors, or underwriters, when FSA
determines such referral is appropriate for developing packaging and
marketing strategies involving the sale of FSA loan assets. The
referral may include names, home addresses, and financial information.
T. To State-certified or State-licensed appraisers and employees of
federal agencies qualified to perform and actually performing real
estate appraisals for USDA. Records that will be disclosed include only
the data that is necessary for the appraiser to complete the appraisal.
U. To cooperating persons or federal, State, local, or Tribal
agencies working in cooperation with the Secretary in any USDA program.
Records that will be disclosed include only the data that is necessary
for the cooperating person or agency to complete work on the USDA
program.
V. To consumer reporting agencies as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection
Act, as amended (31 U.S.C. 3701(a)(3)).
W. USDA will disclose information about individual from this system
of records in accordance with the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101-6106); section 204 of the E-
Government Act of 2002 (44 U.S.C. 3501 note), and the Office of Federal
Procurement Policy Act (41 U.S.C. 403-440), or similar laws requiring
agencies to make available publicly names, locations, and other
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.
X. To the media and the public, in consultation with counsel, when
there exists a legitimate public interest in the disclosure of the
information or when disclosure is necessary to preserve confidence in
the integrity of USDA or is necessary to demonstrate the accountability
of USDA's officers, employees, or individuals covered by the system,
except to the extent it is determined that release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
Y. To the Department of Treasury for administering the Do Not Pay
Initiative under the Improper Payments Elimination and Recovery
Improvement Act of 2012 (IPERIA). As required by IPERIA and the
Bipartisan Budget Act of 2018, records maintained in this system will
be disclosed to (1) a Federal or state agency, its employees, agents
(including contractors of its agents) or contractors; or, (2) a fiscal
or financial agent designated by the Bureau of the Fiscal Service or
other Department of the Treasury bureau or office, including employees,
agents or contractors of such agent; or, (3) a contractor of the Bureau
of the Fiscal Service, for the purpose of identifying, preventing, and
recovering improper payments to an applicant for, or recipient of,
Federal funds, including funds disbursed by a state in a state-
administered, federally-funded program. Records disclosed under this
routine use may be used to conduct computerized comparisons to
identify, prevent and recover improper payments, and to identify and
mitigate fraud, waste, and abuse in federal payments. The disclosure
may include applicant's name, home address, Social Security Number,
income or financial data, date of birth, personal telephone number, and
personal email address.
Z. 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, mitigating, or
remedying the risk of harm to individuals, the agency (including its
information systems, programs, and operations), the Federal Government,
or national security.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system of records are stored electronically on
security measure protected (for example, e-authentication, password,
restricted access protocol, etc.) databases, electronically on e-media
devices (computer hard drive, magnetic disc, tape, digital media, CD,
DVD, etc.), and on paper copy. Record storage is located within secured
or locked facilities.
See also ``Policies and Practices for Retrieval of Records,''
``Policies and Practices for Retention and Disposal of Records,''
``Administrative, Technical, and Physical Safeguards,'' ``Records
Access Procedures,'' and ``Notification Procedures.''
POLICIES AND PRACTICES FOR RETRIEVEAL OF RECORDS:
Records may be retrieved by the individual's name, Social Security
Number, tax identification number, loan number, and farm number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in file folders and Department computer
systems at applicable locations as set out above under the heading
``System Location.'' Detailed retention and disposal instructions are
provided in Records Control Schedule RG 0145: Farm Service Agency.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system of records are safeguarded in accordance
with applicable rules and policies, including all applicable USDA
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer systems containing the records
in this system of records 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.
RECORDS ACCESS PROCEDURES:
To request notification of and access to any record contained in
the system of records, or to contest the content of a record, submit a
request in writing to the FSA FOIA officer or the FOIA officer for the
relevant part of USDA responsible for your information (FIOA contact
information is at https://www.da.usda.gov/foia.htm). If you believe more
than one USDA agency maintains Privacy Act records concerning you,
submit the request to the Chief FOIA Officer, Department of
Agriculture, 1400 Independence Avenue SW, Washington, DC 20250.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations in 7 CFR 1.110-1.122, as
[[Page 10780]]
follows. Verify your identity by providing your:
Full name,
Current address, and
Date and place of birth.
You must sign your request, and your signature must either be
notarized or submitted under 28 U.S.C. 1746, which is a law that
permits statements to be made under penalty of perjury as a substitute
for notarization. While no specific form is required, you may obtain
forms for this purpose from the Chief FOIA Officer, Department of
Agriculture, 1400 Independence Ave. SW, Washington, DC 20250. In
addition, you should provide the following:
Explain why you believe USDA would have information on
you,
Identify which USDA agency you believe may have the
information about you,
Specify when you believe the records would have been
created, and
Provide any other information that will help the FOIA
staff determine which USDA component agency may have responsive
records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying agreement for you to access the records.
If your request does not include the information specified above,
FSA may not be able to conduct an effective search, and may result in
your request being denied due to lack of specificity or lack of
compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the above listed System
Manager and should include the reason for contesting it and the
proposed amendment to the information with supporting information to
show how the record is inaccurate. A request for contesting records
pertaining to an individual should contain:
Name,
Address,
ZIP code,
Name of system of record,
Year of records in question, and
Any other pertinent information to help identify the file.
NOTIFICATION PROCEDURES:
An individual may request information regarding this system of
records or information as to whether the system contains records
pertaining to the individual from the System Manager above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The prior document for this system of record was published on
September 10, 20001 (66 FR 46986).
[FR Doc. 2019-05464 Filed 3-21-19; 8:45 am]
BILLING CODE 3410-05-P