Privacy Act of 1974; System of Records, 63549-63551 [2020-22351]

Agencies

• Farm Credit Administration

[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63549-63551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22351]


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FARM CREDIT ADMINISTRATION


Privacy Act of 1974; System of Records

AGENCY: Farm Credit Administration.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, notice 
is hereby given that the Farm Credit Administration (FCA or Agency) is 
amending an existing system of records, FCA-7--Inspector General 
Investigative Files--FCA.

DATES: You may send written comments on or before November 9, 2020. FCA 
filed an amended System Report with Congress and the Office of 
Management and Budget on July 20, 2020. This notice will become 
effective without further publication on November 18, 2020 unless 
modified by a subsequent notice to incorporate comments received from 
the public.

ADDRESSES: We offer a variety of methods for you to submit your 
comments. For accuracy and efficiency, commenters are encouraged to 
submit comments by email or through the FCA's website. As facsimiles 
(fax) are difficult for us to process and achieve compliance with 
section 508 of the Rehabilitation Act, we are no longer accepting 
comments submitted by fax. Regardless of the method you use, please do 
not submit your comment multiple times via different methods. You may 
submit comments by any of the following methods:
     Email: Send us an email at [email protected].
     FCA website: https://www.fca.gov. Click inside the ``I want 
to . . .'' field, near the top of the page; select ``comment on a 
pending regulation'' from the dropdown menu; and click ``Go.'' This 
takes you to an electronic public comment form.
     Mail: David Grahn, Director, Office of Regulatory Policy, 
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-
5090.
    You may review copies of comments we receive at our office in 
McLean, Virginia, or from our website at https://www.fca.gov. Once you 
are in the website, click inside the ``I want to . . .'' field, near 
the top of the page; select ``find comments on a pending

[[Page 63550]]

regulation'' from the dropdown menu; and click ``Go.'' This will take 
you to the Comment Letters page, where you can select the SORN for 
which you would like to read public comments. The comments will be 
posted as submitted but, for technical reasons, items such as logos and 
special characters may be omitted. Identifying information that you 
provide, such as phone numbers and addresses, will be publicly 
available. However, we will attempt to remove email addresses to help 
reduce internet spam.

FOR FURTHER INFORMATION CONTACT: Autumn R. Agans, Privacy Act Officer, 
Farm Credit Administration, McLean, Virginia 22102-5090, (703) 883-
4020, TTY (703) 883-4019.

SUPPLEMENTARY INFORMATION: The Inspector General Investigative Files--
FCA system is used to document the conduct and outcome of 
investigations; to report results of investigations to other components 
of the FCA and other agencies and authorities for their use in 
evaluating programs and imposition of criminal, civil, or 
administrative sanctions; to report the results of investigations to 
other agencies or other regulatory bodies for an action deemed 
appropriate, and for retaining sufficient information to fulfill 
reporting requirements; and to maintain records related to the OIG's 
activities. The Agency is updating the notice to make administrative 
updates and non-substantive changes to conform to the SORN template 
requirements prescribed in the Office of Management and Budget (OMB) 
Circular No. A-108.
    This publication satisfies the requirement of the Privacy Act of 
1974 that agencies publish a system of records notice in the Federal 
Register when there is a revision, change, or addition to the system of 
records. The substantive changes and modifications to the currently 
published version of FCA-7--Inspector General Investigative Files--FCA 
include:
    1. Identifying the records in the system as unclassified.
    2. Revising the safeguards section to reflect updated cybersecurity 
guidance and practices.
    3. Clarifying the system purpose, categories of records in the 
system, and categories of records sources.
    4. Adding routine uses permitting the disclosure of records and 
information contained in the records system: (a) To facilitate 
qualitative assessment reviews of the OIG's investigative function by 
certain other federal agencies; (b) to facilitate the preparation of 
the annual report to the President by the Council of the Inspectors 
General on Integrity and Efficiency; (c) to respond to statutory 
reporting requirements; and (d) to the public and news media where 
there is a public interest and disclosure would not constitute and 
unwarranted invasion of personal privacy.
    5. Removing a routine use for sharing information with independent 
auditors or other private firms responsible for carrying out work on 
behalf of OIG, as such sharing is otherwise covered by the Agency's 
General Statement of Routine Uses.
    6. Revising the policies and procedures for retention and disposal 
of records to reflect an updated National Archives and Records 
Administration-approved records schedule.
    Additionally, non-substantive changes have been made to the notice 
to align with the latest guidance from OMB.
    The amended system of records is: FCA-7--Inspector General 
Investigative Files--FCA. As required by 5 U.S.C. 552a(r) of the 
Privacy Act, as amended, FCA sent notice of this modified system of 
records to the Office of Management and Budget, the Committee on 
Oversight and Reform of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs of the Senate. The notice 
is published in its entirety below.

SYSTEM NAME AND NUMBER:
    FCA-7--Inspector General Investigative Files--FCA.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Inspector General (OIG), Farm Credit Administration, 1501 
Farm Credit Drive, McLean, VA 22102-5090.

SYSTEM MANAGER:
    Inspector General, Farm Credit Administration, 1501 Farm Credit 
Drive, McLean, VA 22102-5090.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Inspector General Act of 1978, as amended, 5 U.S.C. app.

PURPOSES OF THE SYSTEM:
    We use information in this system: to facilitate and document the 
conduct of investigative activities relating to programs and operations 
of the FCA; to report results of investigative activities to other 
components of the FCA and other agencies and authorities for 
appropriate action; and to fulfill reporting requirements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Subjects of complaints and investigations relating to FCA's 
programs and operations. Subjects include, but are not limited to, 
current and former FCA employees; current and former agents or 
employees of contractors and subcontractors in their personal capacity, 
where applicable; and other persons whose actions affect or relate to 
the FCA, its programs or operations. Businesses, proprietorships, and 
corporations are not covered by this system.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains correspondence relating to investigative 
activities; internal staff memoranda; copies of subpoenas issued, 
affidavits, witnesses' statements, transcripts and recordings of 
testimony taken, and accompanying exhibits; documents and records 
obtained from governmental or non-governmental sources, or copies 
thereof; interview notes, investigative notes, staff working papers, 
draft materials, and other investigative documents or records; 
investigative plans, progress reports, and closing reports; and other 
documents and information relating to the investigation of alleged or 
suspected criminal, civil, or administrative violations or similar 
wrongdoing relating to FCA programs and operations.

RECORD SOURCE CATEGORIES:
    Records of the FCA and other federal, state, and local agencies; 
current and former employees of the FCA and other federal, state, and 
local agencies; private individuals and entities; contractors, 
subcontractors, FCA-regulated institutions, and other entities having 
some relationship with FCA or the FCA OIG.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    See the ``General Statement of Routine Uses.'' The information 
collected in the system will be used in a manner that is compatible 
with the purposes for which the information has been collected and, in 
addition to the general routine uses, may be disclosed for the 
following purposes:
    (1) We may disclose information in this system of records to any 
source when the FCA OIG is conducting an investigation, audit, 
inspection, or evaluation, but only to the extent necessary to get 
information from that source relevant to and sought in furtherance of 
the investigation, audit, inspection, or evaluation.
    (2) We may disclose the record or information in the record system 
to agencies, offices, or establishments of the executive, legislative, 
or judicial

[[Page 63551]]

branch of the Federal or State governments when we have a request and 
where the records or information is relevant and necessary to a 
decision on an employee's discipline or other administrative action 
(excluding a decision on hiring). We will take reasonable steps to 
ensure that the records are timely, relevant, accurate, and complete 
enough to assure fairness to the employee affected by the disciplinary 
or administrative action.
    (3) We may disclose the record or information in the record system 
to an FCA contractor when a contractor-operated program has been 
subject to OIG investigation that has uncovered personnel problems so 
that the contractor can correct those problems.
    (4) We may disclose the record or information in the record system 
to debt collection contractors to collect debts owed to the Government, 
as authorized under the Debt Collection Act of 1982, 31 U.S.C. 3718, 
and subject to applicable Privacy Act safeguards.
    (5) We may disclose the record or information in the record system 
to any official charged with the responsibility to conduct qualitative 
assessment reviews of internal safeguards and management procedures 
employed in investigative operations. This disclosure category includes 
members of the Council of the Inspectors General on Integrity and 
Efficiency and officials and administrative staff within their 
investigative chain of command, as well as authorized officials of the 
Department of Justice.
    (6) We may disclose the record or information in the record system 
to members of the Council of the Inspectors General on Integrity and 
Efficiency for the preparation of reports to the President and Congress 
on the activities of the Inspectors General.
    (7) We may disclose the record or information in the record system 
to federal, state, or local agencies or to the public as required to 
meet statutory reporting obligations.
    (8) We may disclose the record or information in the record system 
to the news media and the public, where there exists a legitimate 
public interest and disclosure would not constitute an unwarranted 
invasion of personal privacy.
    Disclosure to consumer reporting agencies:
    (1) We may disclose information from this system, pursuant to 5 
U.S.C. 552a(b)(12), to consumer reporting agencies as defined in the 
Fair Credit Reporting Act, 15 U.S.C. 1681a(f) or the Federal Claims 
Collection Act of 1966, as amended, 31 U.S.C. 3701(a)(3), in accordance 
with section 3711(e) of title 31.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The OIG Investigative Files consist of digital records stored in 
network file folders, as well as paper records and data maintained on 
removable media, which are stored in file cabinets in OIG office space.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the name of the subject of the 
investigation or complaint, a description of the subject matter of the 
investigation or complaint, or by a unique control number.

POLICIES AND PROCEDURES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records of investigations and complaints are destroyed 10 years 
after the end of the fiscal year in which the relevant investigation 
was closed or complaint resolved. Investigative files determined by the 
Inspector General to have historical significance are transferred to 
the National Archives for permanent retention.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    FCA implements multiple layers of security to ensure access to 
records is limited to FCA OIG personnel who need to know the 
information to perform their official duties. Physical records are 
stored in a secured environment using locked file rooms, file cabinets, 
or locked offices and other physical safeguards. Computer and network 
records are safeguarded through use of user roles, passwords, 
firewalls, encryption, and other information technology security 
measures.

RECORD ACCESS PROCEDURES:
    To obtain a record, contact: Privacy Act Officer, Farm Credit 
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as 
provided in 12 CFR part 603.

CONTESTING RECORD PROCEDURES:
    Direct requests for amendments to a record to: Privacy Act Officer, 
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-
5090, as provided in 12 CFR part 603.

NOTIFICATION PROCEDURE:
    Address inquiries about this system of records to: Privacy Act 
Officer, Farm Credit Administration, McLean, VA 22102-5090.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2), records in this system are exempt 
from the provisions of 5 U.S.C. 552a, except subsections (b), (c)(1) 
and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and 
(i), and corresponding sections of 12 CFR 603.355, to the extent a 
record in the system of records was compiled for criminal law 
enforcement purposes.
    Pursuant to 5 U.S.C. 552a(k)(2), the system is exempt from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f), and the 
corresponding provisions of 12 CFR 603.355, to the extent the system of 
records consists of investigatory material compiled for law enforcement 
purposes. Material within the scope of the exemption at 5 U.S.C. 
552a(j)(2) is also exempt. See 12 CFR 603.355.

HISTORY:
    Federal Register Vol. 64, No. 100/Tuesday, May 25, 1999, page 21875
    Federal Register Vol. 69, No. 37/Wednesday, February 25, 2004, page 
8657

    Dated: October 5, 2020.
Dale Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2020-22351 Filed 10-7-20; 8:45 am]
BILLING CODE 6705-01-P