[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Notices]
[Pages 5568-5586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2980]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act of 1974; Revision of System of Records
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of revision of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the United States Department of
[[Page 5569]]
Agriculture (USDA) Privacy Act Systems of Records maintained by the
Farm Service Agency (FSA) are being changed as follows: Twenty-eight
Agricultural Stabilization and Conservation Service (ASCS) systems of
records previously published are being redesignated as Farm Service
Agency (FSA) systems; three systems formerly maintained by the former
Farmers Home Administration (FmHA) are being redesignated as FSA
systems; twelve systems are being redesignated numerically, updated,
and stylistically changed; four systems are being deleted; twelve
systems of records are being consolidated into one system; one system
of records is being renamed; and new routine uses are being added to
four systems. Redesignation of the former ASCS and FmHA systems is
required as the result of the Federal Crop Insurance Reform and the
Department of Agriculture Reorganization of 1994.
EFFECTIVE DATE: This action is effective, without further notice, April
7, 1997, unless modified by a subsequent notice to incorporate comments
received from the public. Comments must be received by the contact
person listed below on or before March 10, 1997, to be assured of
consideration.
ADDRESSES: Interested persons may submit written comments to Marlyn E.
Aycock, Acting Director, Public Affairs Staff, Farm Service Agency,
U.S. Department of Agriculture, Public Affairs, STOP 0506, PO Box 2415,
Washington, DC 20013-2415; telephone 202-720-5237. The public may
inspect comments received on this proposed notice by contacting Mr.
Aycock at the address previously listed.
FOR FURTHER INFORMATION CONTACT: Marlyn E. Aycock, Acting Director,
Public Affairs Staff, Farm Service Agency, U.S. Department of
Agriculture, Public Affairs Staff, STOP 0506, PO Box 2415, Washington,
DC 20013-2415; telephone 202-720-5237.
SUPPLEMENTARY INFORMATION: This notice concerns the Privacy Act systems
of records maintained by FSA. FSA is responsible for the administration
of programs that affect agricultural producers and public warehousemen
of agricultural commodities in the United States. In addition to its
own programs, FSA representatives and personnel also administer certain
programs on behalf of the Commodity Credit Corporation (CCC) which
affect U.S. agricultural producers and public warehousemen. Most FSA
and CCC programs administered through FSA are administered through a
three-level system of authorities (county committees, State committees,
and the National Office). In addition to these authorities, FSA also
has computer and technical support facilities in Kansas City, Missouri,
St. Louis, Missouri and Salt Lake City, Utah. At all of the above
mentioned locations, FSA collects, retains, manipulates, and
distributes information from Privacy Act systems of records. With the
additional workload of Farm Credit Programs absorbed from the former
FmHA, the FSA assumes and redesignates three USDA systems of records
formerly maintained by FmHA.
Pursuant to the Privacy Act, 5 U.S.C 552a, USDA hereby takes the
following action:
I. The twenty-eight ASCS systems of records previously published
are being redesignated as FSA systems.
II. The following four systems of records maintained by FSA are
hereby deleted because the records contained in the systems are no
longer maintained by USDA.
(1) USDA/FSA-1 ``Advisory Committee Files.''
(2) USDA/FSA-4 ``Commodity Brokers.''
(3) USDA/FSA-16 ``Farmers' Name and Address Master File (Manual).''
(4) USDA/FSA-21 ``Producer Appeals.''
III. The system of records ``Biographical Background'' currently
numbered 2 is being renumbered as 1; the system of records ``CCC
Producer Loan Records'' currently numbered 3 is being consolidated with
other systems and renumbered as system number 2, ``Farm Records File;''
the system of records ``Consultants File'' currently numbered 5 is
being renumbered as system number 3; the system of records ``Cotton
Loan Clerks'' currently numbered 6 is being numbered as system number
4; the system of records ``County Office Employees Administrative
Expense File'' currently numbered 7 is being renumbered as system
number 5; the system of records ``County Personnel Records'' currently
numbered 8 is being renumbered as system number 6; the system of
records ``Emergency Livestock Feed Program'' currently numbered 9 is
being consolidated with other systems and redesignated as system number
2, ``Farm Records File''; the system of records ``Employee Resources
Master File'' currently numbered 10 is being renumbered as system
number 7; the system of records ``EEO Advisory Committee and
Counselors'' currently numbered 11 is being renumbered as system number
8; the system of records ``Complaints and Discrimination
Investigation'' currently numbered 12 is being renamed ``Complaints and
Discrimination Investigation Handled by EEO'' and is being renumbered
as system number 9; the system of records ``Farm Records File
(Automated)'' currently numbered 13 is being consolidated with other
systems and redesignated as system number 2, ``Farm Records File''; the
system of records ``Farm Records File (Manual)'' currently numbered 14
is being consolidated with other systems and redesignated as system
number 2, ``Farm Records File''; the system of records ``Farmer's Name
and Address Master File (Automated)'' currently numbered 15 is being
consolidated with other systems and redesignated as system number 2,
``Farm Records File''; the system of records ``Indemnity and Incentives
Programs'' currently numbered 17 is being consolidated with other
systems and redesignated as system number 2, ``Farm Records File''; the
system of records ``Investigation and Audit Reports'' currently
numbered 18 is being redesignated as number 10; the system of records
``Maximum Payment Limitations'' currently numbered 19 is being
consolidated with other systems and redesignated as system number 2,
``Farm Records File''; the system of records ``Power of Attorney and
Designated Agents'' currently numbered 20 is being consolidated with
other systems redesignated as system number 2, ``Farm Records File'';
the system of records ``Producer Payment Reporting File 365 and 368''
currently numbered 22 is being consolidated with other systems and
redesignated as system number 2, ``Farm Records File''; the system of
records ``Shorn and Unshorn Wool and Mohair'' currently numbered 23 is
being consolidated with other systems and redesignated as system number
2, ``Farm Records File''; the system of records ``Subsidiary Personnel,
Pay and Travel Records'' currently numbered 24 is being renumbered as
system number 11; the system of records ``Tobacco (Flue Cured, Burley)
Farm History Master File'' currently numbered 25 is being consolidated
with other systems and redesignated as system number 2, ``Farm Records
File''; the system of records ``Tort, Program, and Civilian Employee
Claims'' currently numbered 26 is being renumbered as system number 12;
the system of records ``Peanut Allotment and Quota File'' currently
numbered 27 is being consolidated with other systems and redesignated
as system number 2, ``Farm Records File''; the system of records
``Claims Data Base (Automated)'' currently numbered 28 is being
renumbered as system number 13; the system of records ``Applicant/
[[Page 5570]]
Borrower'' was formerly maintained by the FmHA and is now being
redesignated as system number 14 in the FSA system of records; the
system of records `` Designated Attorney and Escrow Agent file was
formerly maintained by the FmHA and is now being redesignated as system
number 15 in the FSA system of records ; the system of records
``Graduation File'' was formerly maintained by the FmHA and is now
being redesignated as system number 16 in the FSA system of records.
IV. In addition to the renumbering and redesignation previously
mentioned and in addition to other minor editorial and clarification
amendments, the remaining systems of records maintained by FSA are
amended for the following reasons:
(1) USDA/FSA-1, ``Biographical Background.'' This system is being
amended to indicate a change in the record system locations; to
indicate a change in the purpose for the maintenance of this system of
records; to indicate a change in the notification procedure; to
indicate a change of designation for the system manager; to indicate a
change in the record retention period and to make stylistic changes,
including the clarification of the routine use regarding the
disclosures of information for introductions at speaking engagements.
(2) USDA/FSA-2, ``Farm Records File.'' In addition to changes made
to this system that resulted from its combination with other systems of
records, this system is being amended to add additional system
locations; to update the list of authorities for the maintenance of the
system; to add a routine use allowing the release of information to
approved cooperative marketing associations concerning their members'
participation in the price support and production adjustments to assist
FSA in the administration of these programs; to add a routine use
permitting the release of data required by the Bureau of Reclamation to
enable it to administer the Reclamation Act of 1982, as amended; to add
a routine use permitting the release of names and addresses of
producers who have commodity loans with CCC and are in the process of
redeeming the loan to prevent buyers of such commodities from
purchasing CCC loan collateral without obtaining CCC's permission; and
to clarify procedures for notification, record access and contest the
record; to clarify the record source categories; to clarify that
information released in pursuant to discovery requests must be relevant
to the subject of the proceeding.
(3) USDA/FSA-3, ``Consultants File.'' This system is being amended
to indicate a change in record system location; to indicate a change in
the notification procedure; to indicate a change of designation for the
system manager; to indicate a clarification in the list of authorities
for the maintenance of the system; to clarify that information released
pursuant to discovery requests must be relevant to the subject of the
proceeding; to add a purpose section to the notice; to clarify the
authority for the system, to clarify procedures for notification,
records access, contesting records and to clarify record sources
categories.
(4) USDA/FSA-4, ``Cotton Loan Clerks.'' This system is being
amended to indicate a change in the name of the system manager; to
indicate a change in the notification procedure; to make stylistic
changes and to indicate a change of designation for the system manager;
to clarify the authority for maintaining the system; to indicate the
purpose for maintaining the system; to update the manner in which the
information is stored and secured in this system; to clarify procedures
for notification, records access, and contesting records; to clarify
records source categories.
(5) USDA/FSA-5, ``County Office Employees Administrative Expense
File.'' This system is being amended to indicate a change in the record
system location; to indicate the addition of ``Thrift Savings Plan''
account to the categories of records; to indicate the addition of
intermittent employees to the individuals covered category; to indicate
the purpose for the system; to update the locations where the system
records are maintained; to indicate that records will be maintained
electronically and can be electronically retrieved by name and social
security number; to indicate an update in the list of authorities for
the maintenance of the system; to indicate a change in the notification
procedure; to make stylistic changes and to indicate a change of
designation for the system manager; to add a routine use to provide
information from this system to other Federal agencies from whom the
individual is seeking employment or benefits; to update storage and
safeguards of information retained in the system; to clarify procedures
for record access, contesting records and to clarify record sources.
(6) USDA/FSA-6, ``County Personnel Records.'' This system is being
amended to indicate a change in the record system location; to update
the location of the records in this system; to indicate the purpose of
the maintenance of the system of records; to indicate that records will
be maintained electronically and can be electronically retrieved by
name and social security number; to update the routine uses of the
information in this system to make it consistent with the related
system FSA-4; to indicate a change of designation for the system
manager; to indicate a change in the notification procedure; to make
stylistic changes and to clarify that information released pursuant to
discovery requests must be relevant to the subject of the proceeding.
(7) USDA/FSA-7, ``Employee Resources Master File.'' This system is
being amended to indicate a change of designation for the system
manager; to update the authority for the maintenance of the system; to
add a purpose for this system; to update the storage and safeguards for
the information retained in the system; to update the procedures for
notification, record access, and contesting records.
(8) USDA/FSA-8, ``EEO Advisory Committee and Counselors.'' This
system is being amended to indicate a change in the record system
location; to indicate a name change for the system; to update the
authority for the maintenance of the system; to indicate the purpose
for the maintenance of the system; to add routine uses that allow for
the release of information in this system to agencies regarding
potential violations of law; to update storage and safeguards for
information in the system; to indicate a change in the notification
procedure; to indicate a change of designation for the system manager;
to update procedures for records access, contesting records, and to
clarify records sources.
(9) USDA/FSA-9, ``Complaints and Discrimination Investigation
Handled by EEO Staff.'' This system is being amended to indicate a
change in the name of the system; to indicated a change in the record
system location; to update the authority for the maintenance of this
system; to indicate the purpose for this system; to update the storage
and safeguards for information in this system; to indicate a name
change for the system; to indicate a change in the record retention
period; to indicate a change of designation for the system manager; to
indicate a change in the notification procedure; clarify the procedures
for records access, contesting records and to clarify record sources;
to make stylistic changes and to clarify that information released
pursuant to discovery requests must be relevant to the subject to the
proceeding.
(10) USDA/FSA-10, ``Investigation and Audit Reports.'' This system
is being amended to indicate a change in
[[Page 5571]]
the record system location; to update the authority for the maintenance
of the system; to indicate the purpose for the system; to indicate a
change in the record retention period; to update the storage and
safeguards of the information in the system; to update procedures for
notification, record access, contesting record, and to clarify the
record sources; to make stylistic changes; to indicate a change of
designation of the system manager and to clarify that information
released pursuant to discovery requests must be relevant to the subject
of the proceeding.
(11) USDA/FSA-11, ``Subsidiary Personnel, Pay and Travel Records.''
This system is being amended to update the authority for the
maintenance of the system; to indicate a purpose for the system; to
update the storage and safeguards for the information in the system; to
indicate a change in the categories of individuals covered; to make
stylistic changes; to indicate a change of designation for the system
manager; and to update the procedures for notification, record access,
contesting records, and expand the number of sources from which
information is received.
(12) USDA/FSA-12, ``Tort, Program, and Civilian Employee Claims.''
This system is being amended to identify a change of designation for
the system manager; to update the authority for the maintenance of the
system; to indicate the purpose of the system; to indicate a change in
the procedures for notification, record access, contesting records and
to clarify that information released pursuant to discovery requests
must be relevant to the subject proceeding.
V. A ``Report on New System'' for each system of records, required
by 5 U.S.C. 552a(r), as implemented by the OMB circular A-130, was sent
to the Chairman, Committee on Governmental Affairs, United States
Senate; the Chairman, Committee on Government Operations, U.S. House of
Representatives; and the Office of Management and Budget on January 30,
1997.
Signed at Washington, DC, on January 30, 1997.
Dan Glickman,
Secretary of Agriculture.
USDA/FSA-1
SYSTEM NAME:
Biographical Background, USDA/FSA-1.
SYSTEM LOCATION:
This system of records is under the control of the Deputy
Administrator for Program Delivery and Field Operations FSA, USDA, Stop
0539, PO Box 2415, Washington, DC 20013. The data will be maintained at
the Kansas City Management Office, 8930 Ward Parkway, PO Box 419205,
Kansas City, Missouri 64141-0205; Kansas City Commodity Office, PO Box
419205, 9200 Ward Parkway, Kansas City, Missouri 64141-0205; and in the
appropriate State FSA office at address listed in local telephone
directory under the heading ``United States Government, Department of
Agriculture, Farm Service Agency.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who hold key positions in FSA, guest speakers and
recipients of FSA awards.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in the system consists of brief resumes of
individuals' personal history.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
To enable quick access to relevant biographical information of
individuals in key positions of FSA and certain individuals that work
with FSA or who have received awards from FSA.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To individuals, both public and private, for the purpose of
introduction of individual at speaking engagements; and
(2) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the records pertains.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in file folders.
RETRIEVABILITY:
The records are indexed by individual name.
SAFEGUARDS:
The records are kept in a locked office.
RETENTION AND DISPOSAL:
The records are retained indefinitely on a currently updated basis.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Public Affairs Staff, USDA/FSA, Stop 0506, PO Box 2415,
Washington, DC 20013-2415.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
record, or information as to whether this system contains records
pertaining to such individual by contacting the System Manager listed
above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information 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.
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.
RECORD SOURCE CATEGORIES:
Directly from the individual.
USDA/FSA-2
SYSTEM NAME:
Farm Records File (Automated), USDA/FSA-2.
SYSTEM LOCATION:
This system of records is under the control of the Deputy
Administrator, for Program Delivery and Field Operations, FSA, USDA,
Stop 0539, PO Box 2415, Washington, DC 20013. The data will be
maintained at the county FSA office which services the particular farm,
the State FSA Office of the State where the particular county FSA
office is located, the Kansas City Management Office, 8930 Ward
Parkway, PO Box 419205, Kansas City, Missouri 64141-0205; the Kansas
City Commodity Office, PO Box 419205, 9200 Ward Parkway, Kansas City,
Missouri 64141-0205, and the FSA
[[Page 5572]]
National Office. The address of each county and State FSA office can be
found in the local telephone directory under the heading ``United
States Government, Department of Agriculture, Farm Service Agency.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Farm owners, operators, and other producers.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in the system consists of documentation of
participation in the active programs as well as discontinued programs.
This includes names and addresses of producers and is not necessarily
limited to farm allotments, quotas, bases, and history; compliance
data; production and marketing data; lease and transfer of allotments
and quotas; appeals; new grower applications; conservation program
documents; program participation and payment documents; appraisals,
leases, and data for farm reconstitution; and, for payment limitation
purposes, financial statements, and other applicable farm information
as well such documents as tax statements, wills, trusts, partnership
agreements, and corporate charters.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 135b, 450j, 450k, 405l, 1281-1393, 1421-1449, 1461-1469,
1471-1471i, 1781-1787; 15 U.S.C. 714-714p; 16 U.S.C. 590a-590q, 1301-
1311, 1501-1510, 1606, 2101-2111, 2201-2205, 3501, 3801-3847, 4601,
5822; 26 U.S.C. 6109; 40 U.S.C. App. 1, 2, 203; 43 U.S.C. 1592; and 48
U.S.C. 1469.
PURPOSE(S):
To facilitate the Congressional mandate that FSA and CCC operate
farm programs that control the price and supply of certain agricultural
commodities, that protect the environment and enhance the marketing and
distribution of certain agricultural commodities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To a cooperative marketing associations approved to carry out
CCC rice support loan and marketing programs only that data regarding
member's and related individual's participation in such programs;
(2) To the appropriate agency, whether Federal, State, local, or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or of enforcing or implementing a
statute, rule, regulation or order issued pursuant thereto, of any
records within this system when information available indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature and whether arising by general statute or
particular program statute, or by rule, regulation or order issued
pursuant thereto;
(3) To a court, magistrate, or administrative tribunal, or to
opposing counsel in a proceeding before any of the above, of any record
within the system which constitutes evidence in that proceeding, or
which is sought in the course of discovery to the extent that records
sought are relevant to the subject of the proceeding;
(4) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of that individual;
(5) To the Internal Revenue Service to establish the tax liability
of individuals as required by the Internal Revenue Code;
(6) To a State or local tax authorities having an agreement with
CCC to withhold taxes or fees from loan proceeds;
(7) To the Bureau of Reclamation (BOR) only that data necessary for
the BOR to administer the Reclamation Act of 1982 as amended;
(8) To boards or other entities authorized by state statute to
collect commodity assessments;
(9) To the Federal State Inspection Service;
(10) To the Peanut Board with respect to producers of peanuts and
their participation in the peanut price support, production control and
quota programs;
(11) To the Bureau of Indian Affairs the name and address of
producers to assist in the distribution of funds to Native American
Indians;
(12) To candidates for FSA county and/or community committee
positions the names and addresses of producers in the county for the
purpose of county committee elections;
(13) To tobacco analysis laboratories the producers' names and
addresses as well as crop-specific data regarding tobacco being
analyzed prior to the marketing of such tobacco;
(14) To the public who may inspect farm allotment and quota data
for marketing quota crops as required by the Agricultural Act of 1938,
as amended;
(15) To State Foresters the names and addresses of producers and
crop-specific data regarding their operations with respect to forestry
conservation practices;
(16) To cotton buyers the names of cotton producers;
(17) To cotton ginners the names, addresses and cotton acreages;
(18) To members of Congress the names and addresses of producers;
and
(19) To the public when they need to obtain the names and addresses
of producers who have loans with FSA or CCC to prevent such individual
from purchasing commodity that has been placed under a CCC loan.
(20) To State or local taxing authorities or their contracted
appraisal companies the name of and address of producers for tax
appraisal purposes.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders and Department computer
systems at applicable location as set out above under the heading
``System Location''.
RETRIEVABILITY:
Records may be indexed by individual name, farm number, tax
identity number, Social Security Number, or loan number.
SAFEGUARDS:
Records are kept in a locked Government office buildings. Access to
these records are limited to authorized FSA personnel and
representatives. Records stored in computer files are protected by
passwords and other electronic security systems. Additionally, any
negotiable documents, such as warehouse receipts are kept in a
fireproof cabinet.
RETENTION AND DISPOSAL:
Program documents are destroyed within 6 years after end of
participation, except for conservation program documents which are
retained for periods sufficient to insure compliance equal to the life
of the practice. Other documents, such as powers of attorney or leases,
are destroyed after such document is no longer valid. Original loan
notes are returned to producers after liquidation of loan.
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Administrator for Program Delivery and Field Operations,
FSA, USDA, Stop 0539, PO Box 2415, Washington, DC 20013.
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 listed above.
[[Page 5573]]
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information 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.
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.
RECORD SOURCE CATEGORIES:
Information in this system is submitted by county and State
Committee and their representatives, the Office of Inspector General
and other investigatory agencies, the Office of the General Counsel,
the Kansas City Commodity Office, the Kansas City Management Office,
the Natural Resources and Conservation Service and by third parties and
by the individual who is the subject of the file.
USDA/FSA-3
SYSTEM NAME:
Consultants File, USDA/FSA-3.
SYSTEM LOCATION:
Information Technology Services Division, USDA/FSA, Stop 0580, PO
Box 2415, Washington DC 20013-2415.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: INDIVIDUALS WHO
PERFORM CONSULTING SERVICES FOR FSA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in this system consists of a summary of
negotiations, executed contracts, descriptions of work and of work
performed, schedules and purchase orders.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C 301; 15 U.S.C. 714-714p.
PURPOSE(S):
This system enables FSA to properly edit work performed by
consultants for the agency.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local or
foreign, charged with responsibility for investigating or prosecuting a
violation of law, or enforcing or implementing a statute, or rule,
regulation or order issued pursuant thereto, when information available
indicates a violation or potential violation of law, whether civil,
criminal or regulatory in nature, and whether arising by general
statute or particular program statute, or by rule, regulation or order
issued pursuant thereto;
(2) To a court, magistrate or administrative tribunal, or to
opposing counsel in a proceeding before any of the above, of any record
within the system which constitutes evidence in that proceeding, or
which is sought in the course of discovery to the extent that what is
disclosed is relevant to the subject matter involved in a pending
judicial or administrative proceeding; and
(3) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, ATTAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in files folders at office listed above.
RETRIEVABILITY:
The records may be indexed by name of the consultant or by FSA
contract number.
SAFEGUARDS:
Records are kept in a locked Government office building. Access to
these records are limited to authorized FSA personnel and
representatives. Records stored in computer files are protected by
passwords and other electronic security systems.
RETENTION AND DISPOSAL:
The records are retained for 6 years after the fiscal year contract
is awarded.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Information Technology Services Division, USDA/FSA, Stop
0580, PO 2415, Washington, DC 20013-2415.
NOTIFCATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information 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.
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.
RECORD SOURCE CATEGORIES:
Information in this system is provided by the individual
consultants, FSA employees and representatives, third party observers,
the Office of Inspector General, and other investigatory agencies.
USDA/FSA-4
SYSTEM NAME:
Cotton Loan Clerks, USDA/FSA-4.
SYSTEM LOCATION:
This system of records is under the control of the county FSA
office where approved clerks will execute loan documents. The address
of each county FSA office can be found in local telephone directory
under heading ``United States Government, Department of Agriculture,
Farm Service Agency.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who request permission to process loan documents.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of agreements and other related information
[[Page 5574]]
concerning agreements between cotton clerks and CCC.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
15 U.S.C. 714-714p.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To lending agencies that participate in the CCC Cotton Loan
Program; and
(2) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains.
PURPOSE(S):
This system is maintained to enable FSA to track and administer its
agreements with cotton loan clerks.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in the Departments computers and in file
folders at the appropriate county FSA offices.
RETRIEVABILITY:
Records are indexed by name of individual.
SAFEGUARDS:
Records are kept in a locked Government office building. Access to
these records are limited to authorized FSA personnel and
representatives. Records stored in computer files are protected by
passwords and other electronic security systems.
RETENTION AND DISPOSAL:
The records are retained six years after the agreement is canceled
or suspended.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Price Support Division, USDA/FSA, Stop 0512, PO 2415,
Washington, DC 20013-2415.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Information in this system is provided by the individual
consultants, FSA employees and representatives, third party observers,
the Office of Inspector General and other investigatory agencies.
USDA/FSA-5
SYSTEM NAME:
County Office Employees Administrative Expense File, USDA/FSA-5.
SYSTEM LOCATION:
County FSA office by which individual is employed, except that some
records concerning county office employees are on file in State FSA
offices and the Kansas City Management Office, 8930 Ward Parkway, PO
Box 419205, Kansas City, Missouri 64141-0205. The address of each FSA
State and county office can be found in the local telephone directory
under the heading ``United States Government, Department of
Agriculture, Farm Service Agency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
FSA county and community committee members and FSA representatives
who are employed in county offices.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in this system contains the names of all county FSA
committee members and FSA employees and information such as:
Identifying number (Social Security Number), race code, sex code, State
code, county code, biweekly amount of payroll check including deduction
amounts for FICA, Federal, State and local withholding, Thrift Savings
Plan, FEHBA, FEGLI (Optional), NASCO dues, and bonds. Also records of
the date of birth, CO Grade and step, service computation date, last
WGI, health code, cumulative and current retirement deduction, date
severance pay ceases.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C. 8331, 8701, 8901; 16 U.S.C. 590h.
PURPOSE(S):
To facilitate the accounting of administrative expenses incurred by
county FSA offices.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the Internal Revenue Service as required by the Internal
Revenue Code and other related statutes;
(2) A State Revenue Board and local tax authorities as required by
law;
(3) The Office of Personnel Management for fringe benefits
withholdings, 5 U.S.C. 8331, 8701, 8901;
(4) The Social Security Administration for FICA withholdings;
(5) The general public with respect to county committee members for
the purpose of maintaining accountability of these committee members to
their constituent producers;
(6) The Federal Civilian Personnel Records Center, St. Louis,
Missouri, as a permanent record of service with FSA;
(7) The appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or enforcing or implementing a statute,
or a rule, regulation or order issued pursuant thereto, when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general statute or particular program statute, or by rule,
regulation or order issued pursuant thereto;
(8) The Department of Justice when (a) the agency, or any component
thereof; or (b) any representative of the agency in his or her official
capacity; or (c) any representative of the agency in his or her
individual capacity where the Department of Justice has agreed to
represent the individual: or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the
[[Page 5575]]
Department of Justice is deemed by the agency to be relevant and
necessary to the litigation, provided, however, that in each case, the
agency determines that disclosure of the records to the Department of
Justice is a use of the information contained in the records that is
compatible with the purpose for which the records were collected;
(9) A court or adjudicative body before which the agency is
authorized to appear, when (a) the agency, or any component thereof;
(b) any representative of the agency in his or her official capacity;
(c) any representative of the agency in his or her individual capacity
where the agency has agreed to represent the individual; or (d) the
United States, where the agency determines that a litigation is likely
to affect the agency or any of its components, is a party to litigation
or has an interest in such litigation, and the agency determine that
use of such records is relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the court is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected;
(10) A congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains;
(11) A collection or servicing contractor, or a local, State, or
Federal agency, when FSA determines a referral is appropriate for
servicing or collecting the debtor's account or as provided for in
contracts with servicing or collection agencies;
(12) To the Internal Revenue Service to enable it to offset against
Federal income tax refunds to satisfy past-due, legally enforceable
debts owed to USDA;
(13) To ``consumer reporting agencies'' as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims
Collection Act, as amended (31 U.S.C. 3701(a)(3));
(14) To local banks when savings bonds are purchased.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in file folders in the county office and
stored in Department computer system at the Kansas City Computer
Center, 8930 Ward Parkway, PO Box 419205, Kansas City, Missouri 64141-
0205.
RETRIEVABILITY:
The records may be indexed by social security number or by the
individual's name.
SAFEGUARDS:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
The records are retained indefinitely on a currently updated basis.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Kansas City Management Office, 8930 Ward Parkway, PO Box
419205, Kansas City, Missouri 64141-0205.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Information in this system is provided by the individual, FSA
employees and representatives, third party observers, the Office of
Inspector General and other investigatory agencies.
USDA/FSA-6
SYSTEM NAME:
County Personnel Records, USDA/FSA-6.
SYSTEM LOCATION:
County FSA office by which individual is employed, except that some
records concerning county office employees are on file in State FSA
offices and the FSA Human Resources Division, USDA/FSA, Stop 0590, PO
Box 2415, Washington DC 20013-2415. The address of each FSA State and
county office can be found in the local telephone directory under the
heading ``United States Government, Department of Agriculture, Farm
Service Agency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
FSA County and community committeemen and employees who are
employed in county FSA offices.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system consists of personnel official records
of county FSA employee including documents such as employment
applications, oaths of office, personnel actions, job descriptions,
performance data, life and health insurance forms, annual pay status
records, retirement record cards, and any other documents, letters, or
records regarding the individual's employment in the county office.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C. 8331, 8701, 8901; 16 U.S.C. 590h.
PURPOSE:
This system of records is maintained to retain necessary personal
records of FSA county office employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the Internal Revenue Service as required by the Internal
Revenue Code and other related statutes;
(2) To a State Revenue Board and local tax authorities as required
by law;
(3) To the Office of Personnel Management for fringe benefits
withholdings,
5 U.S.C 8331, 8701, 8901;
(4) To the Social Security Administration for FICA withholdings;
(5) To the general public with respect to county committee members
for the purpose of maintaining accountability of these committee
members to the their constituent producers;
(6) To the Federal Civilian Personnel Records Center, St. Louis,
Missouri, as a permanent record of service with FSA;
[[Page 5576]]
(7) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or enforcing or implementing a statute,
or a rule, regulation or order issued pursuant thereto, when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general statute or particular program statute, or by rule,
regulation or order issued pursuant thereto;
(8) To the Department of Justice when (a) the agency, or any
component thereof; or (b) any representative of the agency in his or
her official capacity; or (c) any representative of the agency in his
or her individual capacity where the Department of Justice has agreed
to represent the individual; or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected;
(9) To a court or adjudicative body before which the agency is
authorized to appear, when (a) the agency, or any component thereof;
(b) any representative of the agency in his or her official capacity;
(c) any representative of the agency in his or her individual capacity
where the agency has agreed to represent the individual; or (d) the
United States, where the agency determines that litigation is likely to
affect the agency or any of its components, is a party to litigation or
has an interest in such litigation, and the agency determine that use
of such records is relevant and necessary to the litigation, provided,
however, that in each case, the agency determines that disclosure of
the records to the court is a use of the information contained in the
records that is compatible with the purpose for which the records were
collected;
(10) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains;
(11) To a collection or servicing contractor, or a local, State, or
Federal agency, when FSA determines a referral is appropriate for
servicing or collecting the debtor's account or as provided for in
contracts with servicing or collection agencies;
(12) To the Internal Revenue Service to enable it to offset and
satisfy past-due, legally enforceable debts owed to USDA against
Federal income tax refunds;
(13) To ``consumer reporting agencies'' as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act, as amended (31 U.S.C. 3701(a)(3));
(14) To local banks when savings bonds are purchased; and
(15) To a Federal agency, in response to its request, in connection
with hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license or other benefit be
the requesting agency, to the extent that this information is relevant
and necessary to the requesting agency's decision on the matter.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in file folders in the county office and
stored in Department computers and on magnetic tape at the applicable
locations above.
RETRIEVABILITY:
The records may be indexed by individual's name or social security
number.
SAFEGUARDS:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
The records are retained on site for duration of employment and are
transferred to Civilian Personal Record Center, St. Louis, Missouri,
after separation. The records in county offices are kept in locked
fireproof file in a Government office building. Other records are
stored in cabinets in a locked or secured Government offices.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources Division, USDA/FSA, Stop 0590, PO 2415,
Washington, DC 20013-2415.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Information in this system is provided by the individual, FSA
employees and representatives, the Office of Inspector General and
other investigatory agencies.
USDA/FSA-7
SYSTEM NAME:
Employee Resources Master File, USDA/FSA-7.
SYSTEM LOCATION:
Kansas City Management Office, 8930 Ward Parkway, PO Box 419205,
Kansas City, Missouri 64141-0205.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Federal Employees (career, career conditional, temporary, general
schedule, and wage board) who are presently employed in the Management
Office.
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains names of all individuals identified in the preceding
paragraph and such information as social security number, date of birth
service date (for retirement and annual leave) pay plan, grade, step,
occupational series, and annual salary, daily salary rate, hourly
salary rate, overtime hourly rate, training course number, course
sponsor,
[[Page 5577]]
course title, hour credit, and completion date.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
This system of records is maintained to retain necessary personnel
records of FSA employees at the Kansas City Management Office to
facilitate the processing of personnel matters.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGROEIS
OF USERS AND THE PURPOSES OF SUCH USES:
None.
POLICES AND PRACTICE FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in the Department's computer system at
the Kansas City Computer Center, 8930 Ward Parkway, PO 419205, Kansas
City, Missouri 64141-0205.
RETRIEVABILITY:
The records are indexed by employee name.
SAFEGUARDS:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
The records are retained indefinitely on a currently updated basis.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Kansas City Management Office, 8930 Ward Parkway, PO Box
419205, Kansas City, Missouri 64141-0205.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Summary of data maintained in the Official Personnel Folder.
USDA/FSA-8
SYSTEM NAME:
EEO Advisory Committee and Counselors, USDA/FSA-8.
SYSTEM LOCATION:
Office of the Deputy Administrator, Management, USDA/FSA, Stop
0561, PO Box 2415, Washington DC 20013-2415.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have been selected or considered to serve on the
EEO Committee or to be an EEO Counselor.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system consists of the individual's EEO
qualifications.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
42 U.S.C. 2000d and 2000e.
PURPOSE(S):
To facilitate the tracking of individuals who have served on EEO
Committees or as EEO Counselors as required.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or enforcing or implementing a statute,
or a rule, regulation or order issued pursuant thereto, when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general statute or particular program statute, or by rule,
regulation or order issued pursuant thereto;
(2) To the Department of Justice when (a) the agency, or any
component thereof; or (b) any representative of the agency in his or
her official capacity; or (c) any representative of the agency in his
or her individual capacity where the Department of Justice has agreed
to represent the individual; or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected; and;
(3) To a court or adjudicative body before which the agency is
authorized to appear, when (a) the agency, or any component thereof;
(b) any representative of the agency in his or her official capacity;
(c) any representative of the agency in his or her individual capacity
where the agency has agreed to represent the individual; or (d) the
United States, where the agency determines that a litigation is likely
to affect the agency or any of its components, is a party to litigation
or has an interest in such litigation, and the agency determine that
use of such records is relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the court is a use of the information
contained in the records that is compatible the purpose for which the
records were collected.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in file folders and Department computer
records at the office listed above.
RETRIEVABILITY:
The records may be indexed by individual name and by social
security number.
SAFEGUARDS:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
The records are retained for 2 years after individual ceases to
serve as a committee person or counselor.
[[Page 5578]]
SYSTEM MANAGER(S) AND ADDRESS:
EEO and Civil Rights Staff, USDA/FSA, Stop 0509, PO 2415,
Washington, DC 20013-2415 telephone (202) 720-3901.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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.
RECORD SOURCE CATEGORIES:
Information is supplied to this system by the subject individual.
USDA/FSA-9
SYSTEM NAME:
Complaints and Discrimination Investigation Handled by the EEO
Staff, USDA/FSA-9.
SYSTEM LOCATION:
Office of the Deputy Administrator, Management, USDA/FSA, Stop
0560, PO Box 2415, Washington, DC 20013-2415, and in offices of each
EEO counselor at address posted on bulletin boards in Washington, DC.
These addresses are readily obtainable by contacting the Civil Rights
and Small Business Development Staff, Stop 509, PO Box 2415.
Washington, DC 20013-2415.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have filed formal allegations of discrimination.
CATEGORIES OF RECORDS IN THE SYSTEM:
Preliminary inquires, audit, investigation reports and supporting
material.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
42 U.S.C. 2000d, 2000e, 42 U.S.C. 6101, et seq.
PURPOSE(S):
To facilitate the tracking of discrimination complaints and
investigations as required.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or enforcing or implementing a statute,
or a rule, regulation or order issued pursuant thereto, when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general statute or particular program statute, or by rule,
regulation or order issued pursuant thereto;
(2) To the Department of Justice when (a) the agency, or any
component thereof; or (b) any representative of the agency in his or
her official capacity; or (c) any representative of the agency in his
or her individual capacity where the Department of Justice has agreed
to represent the individual: or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected;
(3) To a court or adjudicative body before which the agency is
authorized to appear, when (a) the agency, or any component thereof;
(b) any representative of the agency in his or her official capacity;
(c) any representative of the agency in his or her individual capacity
where the agency has agreed to represent the individual; or (d) the
United States, where the agency determines that a litigation is likely
to affect the agency or any of its components, is a party to litigation
or has an interest in such litigation, and the agency determines that
use of such records is relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the court is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected; and
(4) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in file folders and Department computers
at the offices listed above.
RETRIEVABILITY:
The records are indexed by individual name.
SAFEGUARDS:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
The records are retained for three years after case is closed.
SYSTEM MANAGER(S) AND ADDRESS:
Civil Rights and Small Business Development Staff, USDA/FSA, Stop
0509, PO 2415, Washington, DC 20013-2415.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
[[Page 5579]]
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their requests 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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Individual preliminary inquires, third party observers, audit and
investigation reports.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
This system has been exempted pursuant to 5 U.S.C. 552a(k) from the
requirements of 5 U.S.C. 552a(c)(3)(d), (e)(1), (e)(4)(G), (H), and
(I), and (f) because it consists of investigatory material compiled for
law enforcement purposes. Individual access to these files could impair
investigations and alert subjects of investigations that the activities
are being scrutinized, and thus allow them time to take measures to
prevent detection of illegal action or escape prosecution. Disclosure
of investigative techniques and procedures, and of existence and
identify confidential sources of information would hamper law
enforcement activity.
USDA/FSA-10
SYSTEM NAME:
Investigation and Audit Reports, USDA/FSA-10.
SYSTEM LOCATION:
Executive Secretariat Staff, USDA/FSA, Stop 0504, PO Box 2415,
Washington, DC 20013-2415, Kansas City Commodity Office, 9200 Ward
Parkway, PO Box 419205, Kansas City, Missouri 64141-0205, Kansas City
Management Office, 8930 Ward Parkway, PO Box 419205, Kansas City,
Missouri 64141-0205. Each State FSA office at address listed in local
telephone directory under the heading ``United States Government,
Department of Agriculture, Farm Service Agency.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are subjects of a formal investigation of alleged
program or administrative irregularities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system consists of files on investigations and
individuals, including program documents, investigation reports,
statements of observers, accident reports and agency reports.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
To facilitate FSA's obligation to issue payments or benefits only
to those who are eligible to receive such payments or benefits under
law or agreement.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or enforcing or implementing a statute,
or a rule, regulation or order issued pursuant thereto, when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general statute or particular program statute, or by rule,
regulation or order issued pursuant thereto;
(2) To a court, magistrate or administrative tribunal, or to
opposing counsel in a proceeding before any of the above, information
which constitutes evidence in that proceeding, or which is sought in
the course of discovery to the extent that what is disclosed is
relevant to the subject matter involved in a pending judicial or
administrative proceeding; and
(3) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in file folders and Department computers
at the applicable addresses listed above.
RETRIEVABILITY:
The records may be indexed by name of individual being investigated
or investigation case number.
Safeguards:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
Investigation records are retained for 10 years after case is
closed. Audit records are destroyed eight years after case is closed.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Executive Secretariat Staff, USDA/FSA, Stop 0504, PO
2415, Washington, DC 20013-2415.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Information in this system is provided by the individual, FSA
employees and representatives, third party observers, the Office of
Inspector General and other investigatory agencies.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
This system has been exempted pursuant to 5 U.S.C. 552a(k)(2) from
the requirements of 5 U.S.C. 552a (c)(3),(d), (e)(1), (e)(4) (G), (H),
and (I) and (f) because it consists of investigatory material compiled
for law enforcement purposes. Individual access to these files could
impair investigations and alert subjects of investigations that their
[[Page 5580]]
activities are being scrutinized, and thus allow them time to take
measures to prevent detection of illegal action or escape prosecution.
Disclosure of investigative techniques and procedures, and of existence
and identity of confidential sources of information would hamper law
enforcement activity.
USDA/FSA-11
SYSTEM NAME:
Subsidiary Personnel, Pay and Travel Records, USDA/FSA-11.
SYSTEM LOCATION:
Any FSA office where individual is employed at the address shown in
the local telephone directory under the heading, ``United States
Government, Department of Agriculture, Farm Service Agency.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals employed by FSA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system consists of personnel actions, training
records, performance ratings, earning statements, time and attendance
reports, travel authorizations and vouchers, payroll deduction records,
record of accountable documents charged to employee, appeal cases, and
conflict of interest statements.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
To facilitate FSA responsibility to follow Federal civil service
and other applicable employment laws and regulations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To prospective Government employers and other prospective
employers when employee gives immediate supervisor or coworker as
reference;
(2) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or of enforcing or implementing a
statute, or a rule, regulation or order issued pursuant thereto, when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by rule,
regulation or order issued pursuant thereto;
(3) To the Department of Justice when (a) the agency, or any
component thereof; or (b) any employee of the agency in his or her
official capacity; or (c) any employee of the agency in his or her
individual capacity where the Department of Justice has agreed to
represent the employee; or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected;
(4) In a proceeding before a court or adjudicative body before
which the agency is authorized to appear, when (a) the agency, or any
component thereof; or (b) any employee of the agency in his or her
official capacity; or (c) any employee of the agency in his or her
individual capacity where the agency determines that litigation is
likely to affect the agency or any of its components, is a party to
litigation or has an interest in such litigation, and the agency
determines that disclosure of the records is relevant and necessary to
the litigation, provided, however, that in each case, the agency
determines that disclosure of the records to the court is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected;
(5) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains;
(6) To a collection or servicing contractor, or a local, State, or
Federal agency, when FSA determines a referral is appropriate for
servicing or collecting the debtor's account or as provided for in
contracts with servicing or collection agencies;
(7) To the Internal Revenue Service to enable it to offset and
satisfy past-due, legally enforceable debts owed to USDA against
Federal income tax refunds; and
(8) To consumer reporting agencies pursuant to 5 U.S.C. 552a(b)(12)
and as defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or
the Federal Claims Collection Act (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in file folders and in Department
computers at addresses referenced above.
RETRIEVABILITY:
The records may be indexed by name of individual employee or Social
Security Number.
SAFEGUARDS:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
The records are retained in active status during the employee's
tenure at the organizational entity. After transfer or separation,
maintained in inactive status to be used to answer employment
inquiries. Conflict of interest statement retained 2 years after
employee is separated.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources Division, USDA/FSA, Stop 0590, PO 2415,
Washington, DC 20013-2415.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURE:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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
should contain: name, address, ZIP code, name of the system of records,
[[Page 5581]]
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Information in these records is obtained directly from the
employee, the Office of Personnel Management, FSA employees and
representatives, third party observers, the Office of Inspector General
and other investigatory agencies.
USDA/FSA-12
SYSTEM NAME:
Tort, Program, And Civilian Employee Claims, USDA/FSA-12.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Any FSA office having jurisdiction over the claim at the location
listed in the local telephone directory under the heading ``United
States Government, Farm Service Agency.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual by whom or against whom claim involving FSA or CCC has
been filed.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system includes files on individual claims,
including claim forms, police records, investigation and accident
reports, statements of observers, and agency reports.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
5 U.S.C. 8101-8150; 7 U.S.C. 135b, 450j, 450k, 405l, 1281-1393,
1421-1449, 1461-1469, 1471-1471i, 1781-1787; 15 U.S.C. 714-714p; 16
U.S.C. 590a-590q, 1301-1311, 1501-1510, 1606, 2101-2111, 2201-2205,
3501, 3801-3847, 4601, 5822; 26 U.S.C. 6109; 28 U.S.C. 2671-2680; 40
U.S.C. App. 1, 2, 203; 43 U.S.C. 1592; and 48 U.S.C. 1469.
PURPOSE(S):
To facilitate FSA responsibilities to investigate and resolve tort
and civilian employee claims against FSA.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or enforcing or implementing a statute,
or a rule, regulation or order issued pursuant thereto, when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature and whether
arising by general statute or particular program statute, or rule,
regulation or order issued pursuant thereto;
(2) To a court, magistrate or administrative tribunal, or to
opposing counsel in a proceeding before any of the above, of any record
within the system which constitutes evidence in that proceeding, or
which is sought in the course of discovery to the extent that what is
disclosed is relevant to the subject matter involved in a pending
judicial or administrative proceeding;
(3) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual to whom the record pertains;
(4) To the Department of Labor for claims arising under the Federal
Employees Compensation Act;
(5) To insurance companies where necessary for resolution of claim;
and
(6) To cotton loan clerks, a list of producer names and addresses,
for the purpose of offsetting claims.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are kept in folders and in Department computers at the
locations indicated above.
RETRIEVABILITY:
The records may be indexed by name or by claimant number.
SAFEGUARD:
The records are kept in secured Government buildings. Access is
limited to authorized FSA representatives. Computer files are protected
by authorization codes, passwords and other safeguard technology.
RETENTION AND DISPOSAL:
The records are retained after settlement for 6 years if CCC and
five years if appropriated funds are involved.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Management Division, USDA/FSA, Stop 1062, PO
2415, Washington, DC 20013-2415.
NOTIFICATION PROCEDURE:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from claimants,
observers, agency employees, and investigative personnel.
USDA/FSA-13
SYSTEM NAME:
Claims Data Base (Automated), USDA/FSA-13
SYSTEM LOCATION:
Kansas City Management Office, USDA/FSA, 8930 Ward Parkway, Kansas
City, MO 64114.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Agricultural producers.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information identifying the delinquent debtor, such as name,
address, producer identification number (social security number or
taxpayer identification number); information relating to claim
identification, such as claim control number, which is comprised of a
State and county code and an alpha-numeric control number; codes
identifying the type of claim and the basis for establishing the claim;
identification of programs under which the claim arose; date the claim
arose; loan, farm or contract number; interest rate applied to claim;
the date interest on the claim starts and the principal amount of the
claim; information related to claims actions and status changes
[[Page 5582]]
which have occurred since the claim was initially established, such as
transfers from originating FSA office to other FSA State or county
offices and referrals to the Office of the General Counsel for legal
action; termination of claims actions; changes in claim amount
resulting from compromises, addition of collection or court costs and
brief remarks which identify or clarify actions being taken by the FSA
office submitting the claim information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1281-1393; 7 U.S.C. 1421-1449 and 15 U.S.C. 714-714p.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
USDA employees maintain and update the system with expanded claims
data for assistance in preparation of the SF-220 report (Report on
Status of Accounts and Loans Receivable from the Public) and the
production of other debt management reports. Records contained in this
system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or of enforcing or implementing the
statute, rule, regulation or order issued pursuant thereto, of any
record within this system when information available indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by rule, regulation or order issued
pursuant thereto;
(2) To the Department of Justice when (a) the agency, or any
component thereof; or (b) any employee of the agency in his or her
official capacity; or (c) any employee of the agency in his or her
individual capacity where the Department of Justice has agreed to
represent the employee; or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected;
(3) To a proceeding before a court or adjudicative body before
which the agency is authorized to appear, when (a) the agency, or any
component thereof; or (b) any employee of the agency in his or her
official capacity; or (c) any employee of the agency in his or her
individual capacity where the agency has agreed to represent the
employee; or (d) the United States, where the agency determines that
litigation is likely to affect the agency or any of its components, is
a party to litigation or has an interest in such litigation; and the
agency determines that use of such records is relevant and necessary to
the litigation; provided, however, that in each case, the agency
determines that disclosure of the records to the court is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected;
(4) To a congressional office from the record of an individual in
response to an inquiry from the congressional office at the request of
the individual;
(5) To a commercial credit reporting agency for it to make the
information publicly available. Only that information directly related
to the identity of the debtor and history of the claim will be
released. Debtor information will consist of the following: The
debtor's name, address, taxpayer identification number, and other
information necessary to establish the identity of the debtor; the
amount, status, and history of the claim, and the program under which
the claim arose;
(6) To a collection or servicing contractor, or a local, State, or
Federal agency, when FSA determines a referral is appropriate for
servicing or collecting the debtor's account or as provided for in
contracts with servicing or collection agencies;
(7) To the Internal Revenue Service to enable it to offset and
satisfy past-due, legally enforceable debts owed to USDA against
Federal income tax refunds;
(8) To the Department of Defense, information regarding
indebtedness, for the purpose of conducting computer matching programs
to identify and locate individuals receiving Federal salary or benefit
payments and who are delinquent in their repayment of debts owed to the
U.S. Government under certain programs administered by FSA/CCC in order
to collect debts under the provisions of the Debt Collection Act of
1982 (Pub. L. 97-365) by voluntary repayment, administrative or salary
offset procedures, or by collection agencies;
(9) To the United States Postal Service, information regarding
indebtedness, for the purpose of conducting computer matching programs
to identify and locate individuals receiving Federal salary or benefit
payments and who are delinquent in their repayment of debts owed to the
U.S. Government under certain programs administered by FSA/CCC in order
to collect debts under the provisions of the Debt Collection Act of
1982 (Pub. L. 97-365) by voluntary repayment, administrative or salary
offset procedures, or by collection agencies.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be
made from this system to ``consumer reporting agencies'' as defined in
the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims
Collection Act (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Claims Data Base records are stored on disk files. The data base is
duplicated on magnetic tape files.
RETRIEVABILITY:
Records can be accessed by producer identification number (if
available), farm number or State, county and claim number.
SAFEGUARDS:
On-line access to data in the Claims Data Base (Automated) is
controlled by password protection.
RETENTION AND DISPOSAL:
Claim records remain on the data base for 4 months after a claim
has been zero-balanced, at which time the data is transferred from disk
to tape files. The data is retained on tape files for 1 year. Data on
magnetic tape files is then written over for disposal.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Kansas City Management Office, FSA, USDA, 8930 Ward
Parkway, Kansas City, Missouri 64114.
NOTIFICATION PROCEDURE:
An individual may request information as to whether the system
contains records pertaining to such individual from the Director,
Kansas City Management Office, FSA, USDA, 8930 Ward Parkway, Kansas
City, Missouri 64114. A request for information regarding an individual
should include: Full name, address, ZIP code, producer identification
number, (if available), farm number or claim number, and any other
pertinent information to help identify the file. Before information
about any record is
[[Page 5583]]
released, the System Manager may require the individual to provide
proof of identity or require the requester to furnish an authorization
from the individual to permit release of information.
RECORD ACCESS PROCEDURES:
An individual may obtain information about a record in the system
which pertains to such individual by submitting a written request to
the above listed System Manager. The envelope and letter should be
marked ``Privacy Act Request.'' A request for information should
contain: Name, address, ZIP code, name of the system of records, year
of records in question, and any other pertinent information to help
identify the file.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend the 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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Records in this system come primarily from documents submitted by
the FSA county office maintaining farm records on the individual
producer. Information in these records is obtained directly from the
individuals in the system.
USDA/FSA-14
SYSTEM NAME:
Applicant/Borrower, USDA/FSA-14.
SYSTEM LOCATION:
Each Farm Service Agency (FSA) applicant's/borrower's records are
located in the Agricultural Credit Team Office, County, District, or
State Office through which the financial assistance is sought or was
obtained, and electronic account records are in the Finance Office in
St. Louis, Missouri. A State Office version of the Team Office, County
or District office file may be located in or accessible by the State
Office which is responsible for that Agricultural Credit Team, County
or District Office. Correspondence regarding borrowers is located in
the Agricultural Credit Team, County, District, State and National
Office files. The addresses of Agricultural Credit Team, County,
District and State Offices are listed in the telephone directory of the
appropriate city or town under the heading ``United States Government,
Department of Agriculture, Farm Service Agency.'' The Finance Office is
located at 1520 Market Street, St. Louis, Missouri 63103.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Present and former FSA applicants/borrowers and their respective
household members including members of associations.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system includes files containing characteristics of applicants/
borrowers and their respective household members, such as gross and net
income, sources of income, capital, assets and liabilities, net worth,
age, race, number of dependents, marital status, reference material,
farm or ranch operating plans, and property appraisals.
The system also includes credit reports and personal references
from credit agencies, lenders, businesses, and individuals. In
addition, a running record of observation concerning the operations of
the person being financed is included. A record of deposits to and
withdrawals from an individual's supervised bank account is also
contained in those files where appropriate. In some Agricultural Credit
Team and County Offices, this record is maintained in a separate folder
containing only information relating to activity within supervised bank
accounts. Some items or information are extracted from the individual's
file and placed in a card file for quick reference.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et. seq., 42 U.S.C. 1471 et. seq., and 42 U.S.C.
2706.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local,
tribal, foreign, or other public authority foreign, charged with the
responsibility of investigating or prosecuting a violation of law, or
of enforcing or implementing a statute or a rule, regulation or order
issued pursuant thereto, or of any record within this system when
information available indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by rule,
regulation or order issued pursuant thereto, if the information
disclosed is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility of the receiving agency;
(2) To business firms in a trade area that buy chattel or crops or
sell them for commission. The disclosure may include the name, home
address, social security numbers and financial information. This is
being done so that FSA may benefit from the purchaser notification
provisions of section 1324 of the Food Security Act of 1985 (7 U.S.C.
163(e)). The Act requires that potential purchasers of farm commodities
must be advised ahead of time that a lien exists in order for the
creditor to perfect its lien against such purchases;
(3) To the appropriate authority when a default involves a security
interest in tribal allotted or trust land. The disclosure may include
the name, home address, and information concerning default on loan
repayment. Pursuant to the Cranston-Gonzales National Affordable
Housing Act of 1990 (42 U.S.C. 12701 et. seq.), liquidation may be
pursued only after offering to transfer the account to an eligible
tribal member, the tribe, or the Indian housing authority serving the
tribe(s);
(4) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
written request of that individual;
(5) To a collection or servicing contractor, financial institution,
or a local, State, or Federal agency, when FSA determines such referral
is appropriate for servicing or collecting the borrower's account or as
provided in contracts with servicing or collection agencies. The
disclosure may include name, home address, social security number, and
financial information;
(6) In a proceeding before a court or adjudicative body, when: (a)
the agency or any component thereof; or (b) any employee of the agency
in his or her official capacity; or (c) any employee of the agency in
his or her individual capacity where the agency has agreed to represent
the employee; or (d) the United States is a party to litigation or has
an interest in such litigation and, by careful review, the agency
determines that the records are both relevant and necessary to the
litigation, provided, however, that in each case, the agency determines
that disclosure of the records is a use of the information contained in
the records that is compatible with the purpose for which the agency
collected the records;
(7) To financial consultants, advisors, lending institutions,
packagers, agents, and private or commercial credit sources when FSA
determines such
[[Page 5584]]
referral is appropriate to encourage the borrowers to refinance their
FSA indebtedness as required by Title V of the Housing Act of 1949, as
amended (42 U.S.C. 1471). The disclosure may include name, home
address, and financial information for selected borrowers;
(8) To the Department of the Treasury, Internal Revenue Service
(IRS), any legally enforceable debt(s), to be offset against any tax
refund that may become due the debtor for the tax year in which the
referral is made, in accordance with the IRS regulations at 26 CFR
301.6402-6T, Offset of Past Due Legally Enforceable Debt Against
Overpayment, and under the authority contained in 31 U.S.C. 3720A;
(9) To the Defense Manpower Data Center, Department of Defense, and
the United States Postal Service any information regarding
indebtedness, for the purpose of conducting computer matching programs
to identify and locate individuals receiving Federal salary or benefit
payments and who are delinquent in their repayment of debts owed to the
U.S. Government under certain programs administered by the FSA in order
to collect debts under the provisions of the Debt Collection Act of
1982 (Pub. L. 97-365) by voluntary repayment, administrative or salary
offset procedures, or by collection agencies;
(10) To lending institutions any financial information when FSA
determines the individual may be financially capable of qualifying for
credit with or without a guarantee. The referral may contain name, home
address, and financial information;
(11) To lending institutions that have a lien against the same
property as FSA, for the purpose of the collection of the debt. These
loans can be under the direct or guaranteed loan programs. Disclosure
may include names, home addresses, social security numbers, and
financial information;
(12) To private attorneys under contract with either FSA or with
the Department of Justice for the purpose of foreclosure and possession
actions and collection of past due accounts in connection with FSA
loans;
(13) To the Department of Justice when: (a) The agency or any
component thereof; or (b) any employee of the agency in his or her
official capacity where the Department of Justice has agreed to
represent the employee; or (c) the United States Government is a party
to litigation or has an interest in such litigation, and by careful
review, the agency determines that the records are both relevant and
necesssary to the litigation and the use of such records by the
Department of Justice is therefore deemed by the agency to be for a
purpose that is compatible with the purpose for which the agency
collected the records;
(14) To the Department of Housing and Urban Development (HUD) as a
record of location utilized by Federal agencies for an automatic credit
prescreening system. The disclosure may include names, home addresses,
social security numbers, and financial information;
(15) To the Department of Labor, State Wage Information Collection
agencies, and other Federal, State, and local agencies, as well as
those responsible for verifying information furnished to qualify for
Federal benefits, to conduct wage and benefit matching through manual
and/or automated means, for the purpose of determining compliance with
Federal regulations and appropriate servicing actions against those not
entitled to program benefits, including possible recovery of improper
benefits. This may include names, home addresses, social security
numbers, and financial information; and
(16) To financial consultants, advisors, or underwriters, when FSA
determines such referral is appropriate for developing packaging and
marketing strategies involving the sale of FSA loan assets. The
referral may include names, home addresses, and financial information.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure pursuant to 5 U.S.C. 552a(b)(12): Disclosure may be made
from this system to ``consumer reporting agencies'' as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims
Collection Act (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained electronically and in file folders at the
Agricultural Credit Team, County, District, State, and National
offices. A limited subset of personal, financial and characteristics
data required for effective management of the programs and borrower
repayment status is maintained on disk or magnetic tape at the Finance
Office. This subset of data may be accessed by the authorized personnel
from each office.
RETRIEVABILITY:
Records are indexed by name, identification number and type of
loan. Data may be retrieved from paper records or the magnetic tapes. A
limited subset is available through telecommunications capability,
ranging from telephones to intelligent terminals. All FSA Agricultural
Credit Team, State, National and some county offices have the
telecommunications capability available to access this subset of data.
SAFEGUARDS:
Records are kept in locked offices at the Agricultural Credit Team,
County, District, State and National Offices. A limited subset of data
is also maintained in a tape and disk library and an on-line retrieval
system at the Finance Office. Access is restricted to authorized FSA
personnel. A system operator and terminal passwords and code numbers
are used to restrict access to the online system. Passwords and code
numbers are changed as necessary.
RETENTION AND DISPOSAL:
Records are maintained subject to the Federal Records Disposal Act
of 1943 (44 U.S.C. 366-380) and in accordance with FSA's disposal
schedules. The Agricultural Credit Team, District, County, State and
National office dispose of records by shredding, burning, or other
suitable disposal methods after established retention periods have been
fulfilled. Finance Office records are disposed of by overprinting.
(Destruction methods may never compromise the confidentiality of
information contained in the records). Applications, including credit
reports and personal references which are rejected, withdrawn, or
otherwise terminated, are kept in the Agricultural Credit, County,
District, or State office for 2 full fiscal years and 1 month after the
end of the fiscal year in which the application was rejected,
withdrawn, canceled, or expired. If final action was taken on the
application, including an appeal, investigation, or litigation, the
application is kept for 1 full fiscal year after the end of the fiscal
year in which final action was taken. The records, including credit
reports, of borrowers who have paid or otherwise satisfied their
obligations are retained at the Agricultural Credit Team, County,
District, or State Office for 1 full fiscal year after the fiscal year
in which the loan was paid in full. Correspondence records at the
National Office which concern borrowers and applicants are retained for
3 full fiscal years after the last year in which there was
correspondence.
SYSTEM MANAGER(S) AND ADDRESS:
The Agricultural Credit Manager at the Agricultural Credit Team
Office or at the County Office, District Director at
[[Page 5585]]
the District Office, and the State Executive Director at the State
Office, the Assistant Administrator of the Finance Office for Finance
Office in St. Louis, MO, and the FSA Administrator for the National
Office at the following address: USDA/FSA Administrator, Stop 0501, PO
2415, Washington, DC 20250-2415.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or determine whether the system contains records pertaining to
themselves from the appropriate Systems Manager. If specific location
of the record is not known, the individual should address their request
to: Administrator, FSA, Attention: Freedom of Information Officer, Stop
0506, PO Box 2415, Washington, DC 20013-2415. A request for information
should include: Name, address, State and county where the loan was
applied for or approved, and particulars involved (i.e. date of
request/approval, type of loan, etc.).
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to a record in this system which pertains to themselves
by submitting a written request to one of the Systems Managers. The
envelope and letter should be marked ``Privacy Act Request.'' A request
for information should contain: Name, address, ZIP code, name of the
system of records in question, and any other pertinent information to
help identify the file.
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
should contain: Name, address, ZIP code, name of the system of records
in question, and any other pertinent information to help identify the
file.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from the borrower.
Credit reports and personal references come primarily from credit
agencies and creditors.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
USDA/FSA-15
SYSTEM NAME:
Designated Attorney and Escrow Agent File, USDA/FSA-15.
SYSTEM LOCATION:
Each designated attorney or escrow agent file is located in the
Agricultural Credit Team or County Office and State Office in the State
in which they are designated. In addition, all designated attorneys and
escrow agents are listed at the National Office. The addresses of State
and County offices are listed in the telephone directory of the
appropriate city or town under the heading ``United States Government,
Department of Agriculture, Farm Service Agency''.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All FSA designated attorneys and escrow agents, including those
whose designations have expired within the last year.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of a list of names of designated attorneys and
escrow agents, and may include comments as to whether their performance
has been satisfactory.
AUTHORITY FOR MAINTENANCE OF THIS SYSTEM:
7 U.S.C. 1921 et. seq., 42 U.S.C. 1471 et. seq., and 5 U.S.C. 301
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or of enforcing or implementing a
statute or a rule, regulation or order issued pursuant thereto, or of
any record within this system when information available indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by rule, regulation or order issued
pursuant thereto;
(2) To FSA borrowers prior to loan closing and to other interested
parties upon request; and
(3) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of that individual.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders at the appropriate location.
RETRIEVABILITY:
Records are indexed by name.
SAFEGUARDS:
Records are kept in locked offices at all levels. Access at all
levels is restricted to authorized FSA personnel.
RETENTION AND DISPOSAL:
Records are maintained subject to the Federal Records Disposal Act
of 1943 (44 U.S.C. 366-380) and in accordance with FSA's disposal
schedules. Records are destroyed 1 year after termination of the
designation.
SYSTEM MANAGER(S) AND ADDRESS:
The Agricultural Credit Manager at the County level, District
Director at the District level, the State Executive Director at the
State level, and the Administrator, FSA, for the National Office file
at the following address: USDA/FSA, Stop 0501, Washington, DC 20013-
2415.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to themselves from the appropriate systems manager. If the
specific location of the record is not known, the individual should
address the request to the Administrator (Attention: Freedom of
Information Officer), USDA/FSA, Stop 0506, PO Box 2415, Washington, DC
20013-2415. A request for information pertaining to an individual
should contain: Name, address and State and county in which the
individual was a designated attorney or escrow agent.
RECORDS ACCESS PROCEDURES:
An individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to themselves
by submitting a written request to one of the Systems Mangers referred
to in the preceding paragraph. A request for information 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.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their request to the
[[Page 5586]]
above System Manager, and should include the reason for contesting it
and the proposed admenment 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.
RECORD SOURCE CATEGORIES:
Information comes primarily from the subject of the file.
USDA/FSA-16
SYSTEM NAME:
Graduation File, USDA/FSA-16.
SYSTEM LOCATION:
Each borrower's graduation file is located in the Agricultural
Credit Team Office or County Office through which the borrower obtained
the loan and, in some cases, at the State Office responsible for that
Agricultural Credit Team Office or County office. The addresses of
State and County Offices are listed in the telephone directory under
the heading ``United States Government, Department of Agriculture, Farm
Service Agency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All FSA borrower's whose loans are eligible for review to determine
the borrower should obtain credit from other sources. All borrowers who
have been in debt for at least 3 years on an emergency loan, an
operating loan, or a real estate loan are considered eligible for
review.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of files containing names of borrowers eligible
for review, type of loan, whether graduation is advisable, and any
communications with the borrower concerning whether the loan has been
paid off or if the borrower is unable to refinance, as well as comments
of the county committee and the Agricultural Credit Manager.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et. seq., 42 U.S.C. 1471 et. seq., and 5 U.S.C. 301.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records contained in this system may be disclosed:
(1) To the appropriate agency, whether Federal, State, local,
tribal, or foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or of enforcing or implementing a
statute, rule, regulation or order issued pursuant thereto, or of any
record within this system when information available indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by rule regulation or order issued
pursuant thereto, if the information disclosed is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
of the receiving agency;
(2) To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
written request of that individual; and
(3) To financial consultants, advisors, lending institutions,
packagers, agents, and private or commercial credit sources, when FSA
determines such referral is appropriate to encourage contacting
selected borrowers to facilitate the refinancing of their FSA
indebtedness as required by Title V of the Housing Act of 1949, as
amended.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders.
RETRIEVABILITY:
Records are indexed by name.
SAFEGUARDS:
Records are kept in locked offices, and access is restricted to
authorized FSA personnel.
RETENTION AND DISPOSAL:
Records are retained for 3 years after the list of borrowers
eligible for review was received by the Agricultural Credit Manager.
SYSTEM MANAGER(S) AND ADDRESS:
The Agricultural Credit Manager and the State Executive Director at
the appropriate levels.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or determine whether the system contains records pertaining to
themselves from the appropriate Systems Manager. If specific location
of the record is not known, the individual should address their request
to: Administrator, FSA, Attention: Freedom of Information Officer, Stop
0506, PO Box 2415, Washington, DC 20013-2415. A request for information
should contain: Name, address, the FSA Office where loan or was applied
for or approved and particulars involved (i.e., date of request/
approval, type of loan, etc.).
RECORD ACCESS PROCEDURES:
Any individual may obtain information regarding the procedures for
gaining access to a record in the system which pertains to themselves
by submitting a written request to one of the Systems Managers referred
to in the preceding paragraph. The envelope and letter should be marked
``Privacy Act Request.'' A request for information should contain:
Name, address, ZIP code, name of the system of records, year of records
in question, and any other pertinent information to help identify the
file.
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
should contain: Name, address, ZIP code, name of the system of records,
year of records in question, and any other pertinent information to
help identify the file.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from the borrower.
[FR Doc. 97-2980 Filed 2-5-97; 8:45 am]
BILLING CODE 3410-05-P
