Office of The Secretary; Privacy Act of 1974; System of Records, 10770-10775 [2019-05466]
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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:
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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
https://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
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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,
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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
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.
Comments will be available for
viewing online at https://
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
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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
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(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;
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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.
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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
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Systems Inventory Book) may be found
through a search on the USDA-Farm
Service Agency Home Page (https://
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
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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
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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.
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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
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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
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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
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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.
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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
E:\FR\FM\22MRN1.SGM
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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]
-----------------------------------------------------------------------
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 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.
Comments will be available for viewing online at https://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 (https://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 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 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