Office of The Secretary; Privacy Act of 1974; System of Records, 10770-10775 [2019-05466]

Download as PDF 10770 Notices Federal Register Vol. 84, No. 56 Friday, March 22, 2019 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Document Number AMS–SC–19–0024] Meeting of the Fruit and Vegetable Industry Advisory Committee AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of public meeting. In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the Fruit and Vegetable Industry Advisory Committee (Committee). The meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and provide recommendations and ideas to the Secretary of Agriculture on how the U.S. Department of Agriculture (USDA) can tailor programs and services to better meet the needs of the U.S. produce industry. DATES: The Committee will meet inperson on Thursday, May 9, 2019, from 8:30 a.m. to 5:00 p.m. Eastern Time (ET), and Friday, May 10, 2019, from 8:30 a.m. to 1:00 p.m., ET. In-person oral comments will be heard on Thursday, May 9, 2019, and possibly on Friday, May 10, 2019. The deadline to submit written comments and/or sign up for oral comments is 11:59 p.m. ET, April 17, 2019. ADDRESSES: The Committee meeting will be held at the Hyatt Regency Crystal City Hotel, 2799 Jefferson Davis Highway, Arlington, Virginia 22202. Detailed information pertaining to the meeting can be found at: https:// www.ams.usda.gov/about-ams/facasadvisory-councils/fviac. FOR FURTHER INFORMATION CONTACT: Darrell Hughes, Fruit and Vegetable Industry Advisory Committee, USDA, AMS, Specialty Crop Programs, 1400 SUMMARY: VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 Independence Avenue SW, Room 2083– S, STOP 0235, Washington, DC 20250– 0235; Telephone: (202) 378–2576; Email: SCPFVIAC@ams.usda.gov. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2), the Secretary of Agriculture (Secretary) established the Committee in 2001 to examine the full spectrum of issues faced by the fruit and vegetable industry and to provide suggestions and ideas to the Secretary on how USDA can tailor its programs to meet the fruit and vegetable industry’s needs. The committee was reestablished in March 2018 for a two-year period. The AMS Deputy Administrator for the Specialty Crops Program serves as the Committee’s Executive Secretary, leading the effort to administer the Committee’s activities. Representatives from USDA mission areas and other government agencies affecting the fruit and vegetable industry are periodically called upon to participate in the Committee’s meetings as determined by the Committee. AMS is giving notice of the Committee meeting to the public so that they may attend and present their views. The meeting is open to the public. Agenda items may include, but are not limited to, welcome and introductions, administrative matters, consideration of topics for potential working group discussion and proposal, and presentations by subject matter experts as requested by the Committee. Public Comments: Comments should address specific tops noted on the meeting agenda. Written Comments: Written public comments will be accepted on or before 11:59 p.m. ET on April 17, 2019, via http://www.regulations.gov: Document #AMS–SC–19–0024. Comments submitted after this date will be provided to AMS, but the Committee may not have adequate time to consider those comments prior to the meeting. AMS-Specialty Crop Programs strongly prefers that comments be submitted electronically. However, written comments may also be submitted (i.e. postmarked) via mail to the person listed in the FOR FURTHER INFORMATION CONTACT section by or before the deadline. Oral Comments: The Committee is providing the public an opportunity to provide oral comments and will accommodate as many individuals and PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 organizations as time permits. Persons or organizations wishing to make oral comments must pre-register by 11:59 p.m. ET, April 17, 2019, and can register for only one speaking slot. Instructions for registering and participating in the meeting can be found by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section by or before the deadline. Meeting Accommodations: The Hyatt Regency Crystal City is ADA compliant and the USDA provides reasonable accommodations to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in this public meeting, please notify the person listed in the FOR FURTHER INFORMATION CONTACT section. Determinations for reasonable accommodations will be made on a case-by-case basis. Dated: March 18, 2019. Bruce Summers, Administrator. [FR Doc. 2019–05431 Filed 3–21–19; 8:45 am] BILLING CODE 3410–02–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: This notice proposes to revise to the Privacy Act System of Records titled Farm Records File (Automated) USDA, which includes information for certain Farm Service Agency under (FSA) Farm Programs and certain Commodity Credit Corporation (CCC) programs that are administered by FSA on behalf of CCC. The records include information about the majority of agricultural producers in the United States. In general, USDA is modifying the system of records to add three new routine uses and make updates to one routine use to comply with recent requirements. SUMMARY: DATES: Comment Date: We will consider comments that we receive by April 22, E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices 2019. The notice is applicable upon publication, and still subject to a 30-day comment period for the new routine uses. Effective Date: May 1, 2019. ADDRESSES: We invite you to submit comments on this notice. In your comment, include the system of records number (USDA/FSA–2), and include the volume, date, and page number of this issue of the Federal Register. You may submit comments by any of the following methods: • Federal e-Rulemaking Portal: Go to http://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. Comments will be available for viewing online at http:// www.regulations.gov. In addition, comments will be available for public inspection at the above address during business hours from 8 a.m. to 5 p.m., Monday through Friday, except holidays. FOR FURTHER INFORMATION CONTACT: Philip Buchan, (301) 504–1701, Philip.Buchan@wdc.usda.gov. Persons with disabilities or who require alternative means for communication should contact the U.S. Department of Agriculture (USDA) Target Center at (202) 720–2600 (voice). SUPPLEMENTARY INFORMATION: USDA maintains the Farm Records File (Automated), USDA/FSA–2 Privacy Act system of records to collect and manage information about the majority of agricultural producers in the United States. 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 producers or landowners, farm and ranch owners, operators, tenants, applicants, borrowers, cooperators, partner organizations, and other participants in certain FSA Farm Programs and certain CCC programs that are administered by FSA on behalf of CCC. The last revision of Farm Records File (Automated), USDA/FSA–2, was published in the Federal Register on March 14, 2012 (77 FR 15026–15033). To ensure compliance with all applicable federal laws, USDA is modifying one routine use and adding three new routine uses. USDA is also expanding the types of individuals in the categories of the individuals covered VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 in this system of records. FSA 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 automated processing systems. The one revised and three new routine uses are discussed below. USDA is also making changes throughout the system of records notice for required updates to comply with OMB Circular A–108, Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act. USDA has made changes to the sections of authority for maintenance of the system, and policies and practices for storage of records. USDA removed the section of disclosure to consumer reporting agencies from the system of record notice and the section of storage is now policies and practices for storage of records. Revised Routine Use E FSA is revising routine use E to conform to OMB Memorandum M–17– 12, Preparing for and Responding to a Breach of Personally Identifiable Information, issued on January 3, 2017, which updated agency routine use requirements for the disclosure of information necessary to respond to a breach of the agency’s personally identifiable information. Proposed New Routine Use DD FSA is adding new routine use DD to establish that FSA will disclose records to the Department of Housing and Urban Development in support of 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 derives from the Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100–503), as amended; Office of Management and Budget PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 10771 (OMB) Circular A–129 (Revised January 2013) Policies for Federal Credit Programs and Non-Tax Receivables; 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 EE FSA is adding new routine use EE 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 required to prevent 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, to 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 FF FSA is adding new routine use FF to conform to OMB Memorandum M–17– 12, Preparing for and Responding to a Breach of Personally Identifiable Information, issued on January 3, 2017. Routine Use FF establishes that FSA will disclose the records when needed to assist another Federal agency or Federal entity in its response to a breach of personally identifiable information. 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, Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act, USDA 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; E:\FR\FM\22MRN1.SGM 22MRN1 10772 Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices CATEGORIES OF RECORDS IN THE SYSTEM: 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: Farm Records File (Automated), USDA/FSA–2. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: This system of records is under the control of the Deputy Administrator for Farm Programs, Farm Service Agency (FSA), 1400 Independence Avenue SW, Stop 0539, Washington, DC 20250– 0539. Records are maintained at the FSA county offices, the FSA State offices, the FSA National office, the FSA Aerial Photography Field Office, and the USDA National Information Technology Center. 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.’’ The FSA Aerial Photography Field Office is located in Salt Lake City, UT. The USDA National Information Technology Center is located in Kansas City, MO. SYSTEM MANAGER(S): Bill Beam, Deputy Administrator for Farm Programs, FSA, 1400 Independence Avenue SW, Stop 0539, Washington, DC 20250–0539; bill.heam@usda.gov; (202) 720–9875. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 44 U.S.C. 2104, 44 U.S.C. Chapter 3118, U.S.C. 2071, 18 U.S.C. 641, and 36 CFR Chapter XII, Subchapter B. PURPOSE(S) OF THE SYSTEM: To deliver Federal farm program benefits and loans that are authorized by law to farm and ranch owners and operators to support farms and ranches, protect the environment, and enhance the marketing of agriculture products. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current, former, and prospective producers or landowners, farm and ranch owners, operators, tenants, applicants, borrowers, cooperators, representatives of partner organizations, entity members and other FSA agricultural production program participants. VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 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. This includes names and addresses of producers and also includes, but is not necessarily limited to: • Farm allotments, quotas, bases, and history; • Compliance data; producer entity data; • Combined producer data; • Production and marketing data; • Lease and transfer of allotments and quotas; • Appeals; • New grower applications; • Conservation program documents; • Program participation and payment documents; including information related to a person’s indirect interest in payments through shares or interest in a payee entity; • Appraisals, leases, and data for farm reconstitution; and • For payment limitation and conservation compliance purposes, financial statements, and other applicable farm information such as tax statements, wills, trusts, partnership agreements, and corporate charters. The geospatial (GIS) data set, containing producer boundaries of Common Land Units (CLUs), farms, tracts, field identifiers and attributes is used to identify the location of land that can be traced back to a producer’s crops and benefits. By definition, a CLU identifies a farm’s subdivisions and boundaries and is recommended as the common location identifier for reporting acreage. The GIS Crop Reporting Layer, consisting of tabular crop acreage data and including producer share, is the location of land where a crop is planted, and crop acreage compliance data. Digital renditions of farm record boundaries include farm, tract, CLUs (fields), and personal attributes of that property such as, but not limited to, cropland designation, wetland location, program participation designation (for example, Conservation Reserve Program), and presence of structures located on a property (for example, buildings, well heads, or other identifying structures). Crop Acreage Data is used to promote a viable agriculture economy essential to effectively administering and enforcing the national crop insurance program and for the purpose of fulfilling loss adjustment obligations as well as audits and reviews of claims. A listing of the automated systems processing the records (that is, the FSA PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Systems Inventory Book) may be found through a search on the USDA-Farm Service Agency Home Page (http:// www.fsa.usda.gov). The FSA Systems Inventory Book is a 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. RECORD SOURCE CATEGORIES: Information in this system of records is submitted by FSA State and county committees and their representatives, the Office of Inspector General and other investigatory agencies, the Office of the General Counsel, the Natural Resources and Conservation Service, by third parties, and by the individual who is the subject of the record. 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 E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices 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, or 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 a cooperative marketing association (CMA), designated VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 marketing association (DMA), or loan servicing agent (LSA) approved to carry out Commodity Credit Corporation (CCC) price support loan and marketing programs, which are administered by FSA on behalf of CCC. Records that will be disclosed include only data that is necessary for the CMA, DMA, or LSA to make producer eligibility determinations, reasonable quantity determinations, producer payment limitations, and denied benefit determinations. I. To the Internal Revenue Service to establish the tax liability of individuals as required by the Internal Revenue Code. J. To State or local tax authorities having an agreement with CCC to withhold taxes or fees from loan proceeds. K. To the Department of Interior, Bureau of Reclamation (BOR), but only that data necessary for the BOR to administer the Reclamation Act of 1982, as amended. L. To boards or other entities authorized by State law to collect commodity assessments. M. To the Peanut Board, with respect to producers of peanuts and their participation in the peanut price support program. N. To the Department of Interior, Bureau of Indian Affairs, the name and correspondence address of producers to assist in the distribution of funds to Native American Indians. O. To candidates for FSA county committee positions, the names and correspondence addresses of producers in the county for the purpose of county committee elections. P. To the public, farm allotment and quota data for marketing quota crops, as allowed by the Agricultural Act of 1938, as amended, and payment information for farm and related programs including information of indirect benefits from payments as indicated by shares of each individual or entity that receive payments or that themselves are considered to have an indirect interest in payments. Q. To State Foresters, the names and correspondence addresses of producers and crop-specific data regarding their operations with respect to forestry conservation practices. R. To cotton buyers, the name and correspondence address of cotton producers. S. To cotton ginners, the names, correspondence addresses, farm numbers, cotton yields, and cotton acreages of cotton producers. T. To members of Congress, the names and correspondence addresses of all producers in the system of records. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 10773 U. To the public when they need to obtain the names and correspondence addresses of producers who have commodity loans with FSA or CCC to prevent one of those producers from purchasing a commodity that has been placed under a CCC loan. V. To State or local taxing authorities or their contracted appraisal companies, the name and correspondence address of producers for tax appraisal purposes. W. 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. X. 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. Y. To any federal agency or any approved insurance provider (AIP), the information collected using the Comprehensive Information Management System (CIMS) used to administer the programs of the Federal Crop Insurance Corporation (FCIC) and FSA as specified in 7 U.S.C. 8002(b)(2). All information disclosed to CIMS may be further disclosed to any contractor engaged in the development or maintenance of CIMS. Select CIMS data may also be further disclosed to AIPs and AIP employees, insurance agents, and loss adjusters, but will be limited to only the producer reported information that is associated with a given AIP’s insured producers and that insured producer’s farming operations (for data to be disclosed, the producer must actually be insured by the given AIP). For the disclosure of CLU information, CIMS will provide the AIP a limited file of CLU information containing data elements for those States in the AIP plan of operation to include Shape, (CLU boundaries), Location State Code, Location County Code, Administrative State Code, Administrative County Code, CLU Number, CLU Calculated Acres, CLU Class, Last Change Date, Common Land Unit Identifier, Farm Number, Tract Number, and Field Number information. The limited CLU data set provided to the AIP will not contain data reported to FSA by the producer via the FSA–578, ‘‘Report of Acreage’’ (for example, planted acres, name, address, crops, etc.). Z. To any federal agency or any AIP, the information in the USDA data warehouse and data mining operation E:\FR\FM\22MRN1.SGM 22MRN1 10774 Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices collected as authorized by the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1515(j)). All information disclosed to the USDA data warehouse and data mining operation may be further disclosed to any contractor engaged in the development or maintenance of the USDA data warehouse and data mining operation. Select data may also be further disclosed to AIPs and AIP employees, insurance agents, and loss adjusters. Disclosure is limited to only the producer reported information that is associated with a given AIP’s insured producers and that insured producer’s farming operations (for data to be disclosed, the producer must actually be insured by the given AIP). AA. To the AIPs (excluding the AIP’s insurance agents) and loss adjusters. USDA will disclose records that may include the producer’s name, crop name, FSA county office address, program years, and the last 4 digits of producer’s tax ID number. USDA may disclose a copy of both current and prior Producer Print and Map Photocopies, Farm Operating Plan for Payment Eligibility Review for an Individual, Highly Erodible Land Conservation (HELC), and Wetland Conservation (WC) Certification. Disclosure will be made only in response to a properly submitted request for certain information. BB. USDA will disclose information about individuals 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. CC. To a court or adjudicative body in a proceeding when: 1. USDA or any part of USDA; 2. Any USDA employee in an official capacity; 3. Any USDA employee in an individual capacity if USDA has agreed to represent the employee; or 4. 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 is therefore deemed by USDA to be for a VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 purpose that is compatible with the purpose for which FSA collected the records. DD. 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 computer matching or data sharing programs, information may be disclosed to federal agencies, the Department of Housing and Urban Development for the purpose of evaluating a loan applicant’s creditworthiness, information that will allow for the pre-screening of applicants through the Credit Alert Verification Reporting System (CAIVRS) computer matching program. An applicant will be pre-screened for any debts owed or loans guaranteed by the Federal Government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the Federal Government. Authorized employees of, and approved private lenders acting on behalf of, the federal agencies participating in the CAIVRS computer matching program will be able to search the CAIVRS database. The disclosure may include the applicant’s name, home address, Social Security Number, and income or financial information. EE. 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; (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. FF. To another Federal agency or Federal entity, when USDA determines that information from this system of records is reasonably necessary to assist PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach. 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 (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’’, ‘‘Record Access Procedure’’ and ‘‘Notification Procedures’’ below. POLICIES AND PRACTICES FOR RETRIEVAL 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 and Records Control Schedule RG 0161: Commodity Credit Corporation. 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. E:\FR\FM\22MRN1.SGM 22MRN1 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 http:// 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 VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 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: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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: http:// 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 http://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 E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10770-10775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05466]


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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: This notice proposes to revise to the Privacy Act System of 
Records titled Farm Records File (Automated) USDA, which includes 
information for certain Farm Service Agency under (FSA) Farm Programs 
and certain Commodity Credit Corporation (CCC) programs that are 
administered by FSA on behalf of CCC. The records include information 
about the majority of agricultural producers in the United States. In 
general, USDA is modifying the system of records to add three new 
routine uses and make updates to one routine use to comply with recent 
requirements.

DATES: 
    Comment Date: We will consider comments that we receive by April 
22,

[[Page 10771]]

2019. The notice is applicable upon publication, and still subject to a 
30-day comment period for the new routine uses.
    Effective Date: May 1, 2019.

ADDRESSES: We invite you to submit comments on this notice. In your 
comment, include the system of records number (USDA/FSA-2), and include 
the volume, date, and page number of this issue of the Federal 
Register. You may submit comments by any of the following methods:
     Federal e-Rulemaking Portal: Go to http://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.
    Comments will be available for viewing online at http://www.regulations.gov. In addition, comments will be available for public 
inspection at the above address during business hours from 8 a.m. to 5 
p.m., Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Philip Buchan, (301) 504-1701, 
Philip.Buchan@wdc.usda.gov. Persons with disabilities or who require 
alternative means for communication should contact the U.S. Department 
of Agriculture (USDA) Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: USDA maintains the Farm Records File 
(Automated), USDA/FSA-2 Privacy Act system of records to collect and 
manage information about the majority of agricultural producers in the 
United States. 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 producers or landowners, 
farm and ranch owners, operators, tenants, applicants, borrowers, 
cooperators, partner organizations, and other participants in certain 
FSA Farm Programs and certain CCC programs that are administered by FSA 
on behalf of CCC. The last revision of Farm Records File (Automated), 
USDA/FSA-2, was published in the Federal Register on March 14, 2012 (77 
FR 15026-15033).
    To ensure compliance with all applicable federal laws, USDA is 
modifying one routine use and adding three new routine uses. USDA is 
also expanding the types of individuals in the categories of the 
individuals covered in this system of records. FSA 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 
automated processing systems. The one revised and three new routine 
uses are discussed below.
    USDA is also making changes throughout the system of records notice 
for required updates to comply with OMB Circular A-108, Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act. USDA has made changes to the sections of authority for 
maintenance of the system, and policies and practices for storage of 
records. USDA removed the section of disclosure to consumer reporting 
agencies from the system of record notice and the section of storage is 
now policies and practices for storage of records.

Revised Routine Use E

    FSA is revising routine use E to conform to OMB Memorandum M-17-12, 
Preparing for and Responding to a Breach of Personally Identifiable 
Information, issued on January 3, 2017, which updated agency routine 
use requirements for the disclosure of information necessary to respond 
to a breach of the agency's personally identifiable information.

Proposed New Routine Use DD

    FSA is adding new routine use DD to establish that FSA will 
disclose records to the Department of Housing and Urban Development in 
support of 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 derives 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 January 2013) 
Policies for Federal Credit Programs and Non-Tax Receivables; 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 EE

    FSA is adding new routine use EE 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 required to prevent 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, to 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 FF

    FSA is adding new routine use FF to conform to OMB Memorandum M-17-
12, Preparing for and Responding to a Breach of Personally Identifiable 
Information, issued on January 3, 2017. Routine Use FF establishes that 
FSA will disclose the records when needed to assist another Federal 
agency or Federal entity in its response to a breach of personally 
identifiable information.

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, Federal Agency Responsibilities for Review, Reporting, and 
Publication under the Privacy Act, USDA 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;

[[Page 10772]]

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:
    Farm Records File (Automated), USDA/FSA-2.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    This system of records is under the control of the Deputy 
Administrator for Farm Programs, Farm Service Agency (FSA), 1400 
Independence Avenue SW, Stop 0539, Washington, DC 20250-0539.
    Records are maintained at the FSA county offices, the FSA State 
offices, the FSA National office, the FSA Aerial Photography Field 
Office, and the USDA National Information Technology Center. 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.'' The FSA 
Aerial Photography Field Office is located in Salt Lake City, UT. The 
USDA National Information Technology Center is located in Kansas City, 
MO.

SYSTEM MANAGER(S):
    Bill Beam, Deputy Administrator for Farm Programs, FSA, 1400 
Independence Avenue SW, Stop 0539, Washington, DC 20250-0539; 
bill.heam@usda.gov; (202) 720-9875.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 2104, 44 U.S.C. Chapter 3118, U.S.C. 2071, 18 U.S.C. 641, 
and 36 CFR Chapter XII, Subchapter B.

PURPOSE(S) OF THE SYSTEM:
    To deliver Federal farm program benefits and loans that are 
authorized by law to farm and ranch owners and operators to support 
farms and ranches, protect the environment, and enhance the marketing 
of agriculture products.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current, former, and prospective producers or landowners, farm and 
ranch owners, operators, tenants, applicants, borrowers, cooperators, 
representatives of partner organizations, entity members and other FSA 
agricultural production program participants.

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. This includes names 
and addresses of producers and also includes, but is not necessarily 
limited to:
     Farm allotments, quotas, bases, and history;
     Compliance data; producer entity data;
     Combined producer data;
     Production and marketing data;
     Lease and transfer of allotments and quotas;
     Appeals;
     New grower applications;
     Conservation program documents;
     Program participation and payment documents; including 
information related to a person's indirect interest in payments through 
shares or interest in a payee entity;
     Appraisals, leases, and data for farm reconstitution; and
     For payment limitation and conservation compliance 
purposes, financial statements, and other applicable farm information 
such as tax statements, wills, trusts, partnership agreements, and 
corporate charters.
    The geospatial (GIS) data set, containing producer boundaries of 
Common Land Units (CLUs), farms, tracts, field identifiers and 
attributes is used to identify the location of land that can be traced 
back to a producer's crops and benefits. By definition, a CLU 
identifies a farm's subdivisions and boundaries and is recommended as 
the common location identifier for reporting acreage. The GIS Crop 
Reporting Layer, consisting of tabular crop acreage data and including 
producer share, is the location of land where a crop is planted, and 
crop acreage compliance data.
    Digital renditions of farm record boundaries include farm, tract, 
CLUs (fields), and personal attributes of that property such as, but 
not limited to, cropland designation, wetland location, program 
participation designation (for example, Conservation Reserve Program), 
and presence of structures located on a property (for example, 
buildings, well heads, or other identifying structures). Crop Acreage 
Data is used to promote a viable agriculture economy essential to 
effectively administering and enforcing the national crop insurance 
program and for the purpose of fulfilling loss adjustment obligations 
as well as audits and reviews of claims.
    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-Farm Service Agency Home Page (http://www.fsa.usda.gov). The FSA 
Systems Inventory Book is a 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.

RECORD SOURCE CATEGORIES:
    Information in this system of records is submitted by FSA State and 
county committees and their representatives, the Office of Inspector 
General and other investigatory agencies, the Office of the General 
Counsel, the Natural Resources and Conservation Service, by third 
parties, and by the individual who is the subject of the record.

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

[[Page 10773]]

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, or 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 a cooperative marketing association (CMA), designated 
marketing association (DMA), or loan servicing agent (LSA) approved to 
carry out Commodity Credit Corporation (CCC) price support loan and 
marketing programs, which are administered by FSA on behalf of CCC. 
Records that will be disclosed include only data that is necessary for 
the CMA, DMA, or LSA to make producer eligibility determinations, 
reasonable quantity determinations, producer payment limitations, and 
denied benefit determinations.
    I. To the Internal Revenue Service to establish the tax liability 
of individuals as required by the Internal Revenue Code.
    J. To State or local tax authorities having an agreement with CCC 
to withhold taxes or fees from loan proceeds.
    K. To the Department of Interior, Bureau of Reclamation (BOR), but 
only that data necessary for the BOR to administer the Reclamation Act 
of 1982, as amended.
    L. To boards or other entities authorized by State law to collect 
commodity assessments.
    M. To the Peanut Board, with respect to producers of peanuts and 
their participation in the peanut price support program.
    N. To the Department of Interior, Bureau of Indian Affairs, the 
name and correspondence address of producers to assist in the 
distribution of funds to Native American Indians.
    O. To candidates for FSA county committee positions, the names and 
correspondence addresses of producers in the county for the purpose of 
county committee elections.
    P. To the public, farm allotment and quota data for marketing quota 
crops, as allowed by the Agricultural Act of 1938, as amended, and 
payment information for farm and related programs including information 
of indirect benefits from payments as indicated by shares of each 
individual or entity that receive payments or that themselves are 
considered to have an indirect interest in payments.
    Q. To State Foresters, the names and correspondence addresses of 
producers and crop-specific data regarding their operations with 
respect to forestry conservation practices.
    R. To cotton buyers, the name and correspondence address of cotton 
producers.
    S. To cotton ginners, the names, correspondence addresses, farm 
numbers, cotton yields, and cotton acreages of cotton producers.
    T. To members of Congress, the names and correspondence addresses 
of all producers in the system of records.
    U. To the public when they need to obtain the names and 
correspondence addresses of producers who have commodity loans with FSA 
or CCC to prevent one of those producers from purchasing a commodity 
that has been placed under a CCC loan.
    V. To State or local taxing authorities or their contracted 
appraisal companies, the name and correspondence address of producers 
for tax appraisal purposes.
    W. 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.
    X. 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.
    Y. To any federal agency or any approved insurance provider (AIP), 
the information collected using the Comprehensive Information 
Management System (CIMS) used to administer the programs of the Federal 
Crop Insurance Corporation (FCIC) and FSA as specified in 7 U.S.C. 
8002(b)(2). All information disclosed to CIMS may be further disclosed 
to any contractor engaged in the development or maintenance of CIMS. 
Select CIMS data may also be further disclosed to AIPs and AIP 
employees, insurance agents, and loss adjusters, but will be limited to 
only the producer reported information that is associated with a given 
AIP's insured producers and that insured producer's farming operations 
(for data to be disclosed, the producer must actually be insured by the 
given AIP). For the disclosure of CLU information, CIMS will provide 
the AIP a limited file of CLU information containing data elements for 
those States in the AIP plan of operation to include Shape, (CLU 
boundaries), Location State Code, Location County Code, Administrative 
State Code, Administrative County Code, CLU Number, CLU Calculated 
Acres, CLU Class, Last Change Date, Common Land Unit Identifier, Farm 
Number, Tract Number, and Field Number information. The limited CLU 
data set provided to the AIP will not contain data reported to FSA by 
the producer via the FSA-578, ``Report of Acreage'' (for example, 
planted acres, name, address, crops, etc.).
    Z. To any federal agency or any AIP, the information in the USDA 
data warehouse and data mining operation

[[Page 10774]]

collected as authorized by the Agricultural Risk Protection Act of 2000 
(7 U.S.C. 1515(j)). All information disclosed to the USDA data 
warehouse and data mining operation may be further disclosed to any 
contractor engaged in the development or maintenance of the USDA data 
warehouse and data mining operation. Select data may also be further 
disclosed to AIPs and AIP employees, insurance agents, and loss 
adjusters. Disclosure is limited to only the producer reported 
information that is associated with a given AIP's insured producers and 
that insured producer's farming operations (for data to be disclosed, 
the producer must actually be insured by the given AIP).
    AA. To the AIPs (excluding the AIP's insurance agents) and loss 
adjusters. USDA will disclose records that may include the producer's 
name, crop name, FSA county office address, program years, and the last 
4 digits of producer's tax ID number. USDA may disclose a copy of both 
current and prior Producer Print and Map Photocopies, Farm Operating 
Plan for Payment Eligibility Review for an Individual, Highly Erodible 
Land Conservation (HELC), and Wetland Conservation (WC) Certification. 
Disclosure will be made only in response to a properly submitted 
request for certain information.
    BB. USDA will disclose information about individuals 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.
    CC. To a court or adjudicative body in a proceeding when:
    1. USDA or any part of USDA;
    2. Any USDA employee in an official capacity;
    3. Any USDA employee in an individual capacity if USDA has agreed 
to represent the employee; or
    4. 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 is therefore deemed by USDA to be for a purpose 
that is compatible with the purpose for which FSA collected the 
records.
    DD. 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 computer 
matching or data sharing programs, information may be disclosed to 
federal agencies, the Department of Housing and Urban Development for 
the purpose of evaluating a loan applicant's creditworthiness, 
information that will allow for the pre-screening of applicants through 
the Credit Alert Verification Reporting System (CAIVRS) computer 
matching program. An applicant will be pre-screened for any debts owed 
or loans guaranteed by the Federal Government to ascertain if the 
applicant is delinquent in paying a debt owed to or insured by the 
Federal Government. Authorized employees of, and approved private 
lenders acting on behalf of, the federal agencies participating in the 
CAIVRS computer matching program will be able to search the CAIVRS 
database. The disclosure may include the applicant's name, home 
address, Social Security Number, and income or financial information.
    EE. 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; (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.
    FF. To another Federal agency or Federal entity, when USDA 
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, 
mitigating, 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.

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'', ``Record Access 
Procedure'' and ``Notification Procedures'' below.

POLICIES AND PRACTICES FOR RETRIEVAL 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 and 
Records Control Schedule RG 0161: Commodity Credit Corporation.

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.

[[Page 10775]]

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 http://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 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