SUPPLEMENTARY INFORMATION:

USDA maintains the Farm Records File (Automated), USDA/FSA-2 Privacy Act system of records to collect and manage information about the majority of agricultural producers in the United States. USDA also administers activities under AFIDA, which requires that foreign persons with interest in U.S. agricultural lands report information to USDA. Through this notice, USDA is adding all records received, maintained, or generated under AFIDA to the Farm Records File (Automated), USDA/FSA-2 system of records. USDA is revising the categories of individuals covered in the system of records to include those persons who may provide USDA with information under AFIDA, such as representatives of foreign persons with interest in agricultural land or their representatives. USDA is adding USDA employees administering or performing activities under AFIDA, members of the public, and representatives of foreign persons as new record source categories. USDA is also adding administration of AFIDA and recording foreign ownership of U.S. agricultural lands as new purposes of the system, and storage of AFIDA records in an online database and in USDA offices in Washington DC as new system locations. The last revision of Farm Records File (Automated), USDA/FSA-2, was published in the Federal Register on March 22, 2019 (84 FR 10770-10775).

To ensure compliance with all applicable federal laws, USDA is adding four new routine uses related to the administration of AFIDA and modifying eight routine uses to provide more information about the purpose of each routine use, as discussed below.

Revised Routine Use D

We are revising routine use D to specify that the purpose of the audit may be related to the Federal Credit Reform Act or other statutes.

Revised Routine Use E

We are revising routine use E to align with Office of Management and Budget memorandum M-17-12, “Preparing for and Responding to a Breach of Personally Identifiable Information.”

Revised Routine Use F

We are revising routine use F to specify that USDA will require individuals provided information under this routine use to comply with all applicable requirements and limitations of disclosure imposed by the Privacy Act.

Revised Routine Use R

We are revising routine use R to specify that it is for purposes related to the redemption of all commodities, not solely cotton, pledged under an FSA Marketing Assistance Loan.

Revised Routine Use S

We are revising routine use S to specify that it is for the purpose of classification and grading of all commodities, not solely cotton.

Revised Routine Use T

We are revising routine use T to specify that it may apply to any congressional request for the purpose of evaluating information relevant to specific states, committees, or topics in which members have interest.

Revised Routine Use AA

We are revising routine use AA to specify that it is for the purpose of accurately calculating producer and government share of producers' insurance premiums in accordance with the Agricultural Act of 2014.

Revised Routine Use EE

We are revising routine use EE to ensure it is consistent with OMB Memorandum M-25-32, “Preventing ( printed page 33683) Improper Payments and Protecting Privacy through Do Not Pay.”

Proposed New Routine Use GG

We are adding new routine use GG to establish that USDA will disclose records to members of Congress or Congressional staff for purposes related to agriculture or national security. National security concerns have increased in recent years, and Members of Congress have expressed interest in AFIDA and its requirements in this context.

Proposed New Routine Use HH

We are adding new routine use HH to establish that USDA will disclose records to other federal agencies, including member agencies of the Committee on Foreign Investment in the United States (CFIUS). CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States to determine the effect of such transactions on the national security of the United States. Its member agencies require access to AFIDA records and include the U.S. Departments of Treasury, Homeland Security, Commerce, Defense, and State.

Proposed New Routine Use II

We are adding new routine use II to establish that USDA will disclose records to appropriate agencies or organizations within the United States, whether federal, State, Territorial, local, or Tribal, or any other public authority, for the purpose of tracking, validating, or administering use of agricultural land within that agency or organization's jurisdiction. AFIDA is a statute that requires foreign persons, as defined in 7 CFR 781.2, with interest in U.S. agricultural land to report information to USDA. Other agencies track or record foreign interest in U.S. assets and real estate. USDA and other agencies, in particular state agencies, have an interest in sharing this information for reasons including efficiency and validation of data.

Proposed New Routine Use JJ

We are adding new routine use JJ to establish that any report submitted to the Secretary of Agriculture under AFIDA will be available for public inspection at USDA in Washington, DC, not later than 10 days after the Secretary receives the report as required by 7 U.S.C. 3506.

Privacy Act

As required by the Privacy Act (specifically 5 U.S.C. 552a(r)) and implemented by the Office of Management and Budget (OMB) Circular A-108, Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act, USDA provided a report of this system of records to the Office of Information and Regulatory Affairs, Office of Management and Budget; the Chairman, Committee on Government Reform and Oversight, House of Representatives; Governmental Affairs, United States Senate.

SYSTEM NAME AND NUMBER:

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

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

This system of records is under the control of the Administrator for Farm Programs, Farm Service Agency (FSA), 1400 Independence Avenue SW, Stop 0539, Washington, DC 20250-0539.

Records are maintained at the FSA county offices, the FSA State offices, the FSA National office, the FSA Aerial Photography Field Office, and the USDA National Information Technology Center, in online databases, and in USDA offices in Washington, DC. The address of each FSA county office and FSA State office can be found in the local telephone directory under the heading “United States Government, Department of Agriculture, Farm Service Agency.” The FSA Aerial Photography Field Office is located in Salt Lake City, UT. The USDA National Information Technology Center is located in Kansas City, MO.

SYSTEM MANAGER(S):

Administrator for Farm Programs, FSA, 1400 Independence Avenue SW, Stop 0539, Washington, DC 20250-0539; sm.fsa.ao@usda.gov, (202) 720-9875.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

44 U.S.C. 2104; 44 U.S.C. Chapter 31; 18 U.S.C. 2071; 18 U.S.C. 641; 36 CFR Chapter XII, Subchapter B; Agricultural Act of 2014, Public Law 113-79; Agricultural Adjustment Act of 1938, 7 U.S.C. 1281 et seq.; Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. 3501 et seq.; Agricultural Improvement Act of 2018, Public Law 115-334; Agricultural Risk Protection Act of 2000, Public Law 106-224, 114 Stat. 358; Conservation Stewardship Program, 16 U.S.C. 3839aa-21 et seq.; Consolidated Farm and Rural Development Act of 1972, 7 U.S.C. 1921 et seq.; Emergency Farm Loan Program, 7 U.S.C. 1961 et seq.; Environmental Quality Incentives Program, 16 U.S.C. 3839aa et seq.; Farm Security and Rural Investment Act of 2002, Public Law 107-171; Federal Crop Insurance Act of 1938, 7 U.S.C. 1501 et seq.; Food, Conservation, and Energy Act of 2008, Public Law 110-246; Food Security Act of 1985, 7 U.S.C. 1631 et seq.; Food Security Act of 1985, Title II, 16 U.S.C. 3831 et seq.; Soil Conservation and Domestic Allotment Act of 1936, 16 U.S.C. 590a et seq.; Watershed Protection and Flood Prevention Act of 1954, 16 U.S.C. 1001 et seq.

PURPOSE(S) OF THE SYSTEM:

To deliver Federal farm program benefits and loans that are authorized by law to farm and ranch owners and operators to support farms and ranches, protect the environment, and enhance the marketing of agriculture products. To administer AFIDA and record foreign interest in U.S. agricultural lands.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Current, former, and prospective producers or landowners, farm and ranch owners, operators, tenants, applicants, borrowers, cooperators, representatives of partner organizations, entity members and other FSA agricultural production program participants; persons providing USDA with information under ADIFA, persons who are alleged or adjudicated to be noncompliant with AFIDA reporting requirements, complainants who report potential noncompliance, and witnesses or other persons with knowledge or information pertaining to noncompliance.

CATEGORIES OF RECORDS IN THE SYSTEM:

The information in the system of records consists of electronic and hard copy documentation of participation in FSA programs, including active programs as well as discontinued programs, and records received, maintained, or generated in the administration of AFIDA. This includes names and addresses of producers and also includes, but is not necessarily limited to:

• Farm allotments, quotas, bases, and history;
• Compliance data; producer entity data;
• Combined producer data;
• Production and marketing data;
• Lease and transfer of allotments and quotas;
• Appeals; ( printed page 33684)
• New grower applications;
• Conservation program documents;
• Program participation and payment documents; including information related to a person's indirect interest in payments through shares or interest in a payee entity;
• Appraisals, leases, and data for farm reconstitution;
• For payment limitation and conservation compliance purposes, financial statements, and other applicable farm information such as tax statements, wills, trusts, partnership agreements, and corporate charters; and
• Records received, maintained, or generated in the administration of AFIDA. Information about foreign interest in U.S. agricultural land, including legal names, addresses, citizenship information, country in which a legal entity is created or organized, principal place of business, form FSA-153, social security and tax identification numbers, nature and name of the person holding the interest; type of interest held, including percent ownership or leasehold interest; acreage records related to identification of the land; purchase price and current value; how the land was acquired or transferred, including information about persons to whom the land is transferred; current and expected use of the land and date land was acquired or transferred; records related to noncompliance, including investigative or enforcement records, and information about other foreign persons who may have indirect interest in the land.

RECORD SOURCE CATEGORIES:

Information in this system of records is submitted by FSA State and county committees and their representatives, the Office of Inspector General and other investigatory agencies, the Office of the General Counsel, the Natural Resources Conservation Service, by third parties, by the individual who is the subject of the record, by USDA employees administering or performing activities under AFIDA, by members of the public, and by foreign persons or their representatives about interests in U.S. agricultural land.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

Records or information contained in this system of records may be disclosed outside USDA as a routine use (see 5 U.S.C. 552a(b)(3)) as follows:

A. To the Department of Justice when:

1. USDA or any part of USDA;

2. Any USDA employee in an official capacity if the Department of Justice has agreed to represent the employee; or

3. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, USDA determines that the records are both relevant and necessary to the litigation and the use of such records by the Department of Justice is therefore deemed by USDA to be for a purpose that is compatible with the purpose for which USDA collected the records.

B. To a Member of Congress or to a Congressional office in response to any inquiry made at the written request of the individual about whom the record pertains.

C. To the National Archives and Records Administration (NARA) or to other Federal government agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

D. To any agency, organization, or individual engaged in performing audit, oversight, or evaluation activities authorized by law, including the Government Accountability Office and external auditing firms conducting reviews related to the Federal Credit Reform Act or other applicable statutes, but only such information as is necessary and relevant to the specific audit, oversight, or evaluation.

E. To appropriate agencies, entities, and persons when:

1. USDA suspects or has confirmed that there has been a breach of the system of records.

2. USDA has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, USDA (including its information systems, programs, and operations), the Federal Government, or national security; and

3. The disclosure made to such agencies, entities, and individuals is reasonably necessary to assist in connection with USDA's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

F. To contractors, grantees, experts, consultants, and their agents, and others performing or working on a contract, grant, cooperative agreement, or other assignment for USDA, when necessary to accomplish a USDA function related to this system of records. USDA will require individuals provided information under this routine use to comply with all applicable requirements and limitations of disclosure imposed by the Privacy Act.

G. When a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general law or particular program law, or by regulation, rule, or order issued as a result of that law, disclosure may be made to the appropriate agency, whether federal, foreign, State, local, or Tribal, or other public authority responsible for enforcing, investigating, or prosecuting such violation or charged with enforcing or implementing the law, or rule, regulation, or order issued as a result of that law, if the information disclosed is relevant to any enforcement, regulatory, investigative, or prosecutive responsibility of the receiving entity.

H. To a cooperative marketing association (CMA), designated marketing association (DMA), or loan servicing agent (LSA) approved to carry out Commodity Credit Corporation (CCC) price support loan and marketing programs, which are administered by FSA on behalf of CCC. Records that will be disclosed include only data that is necessary for the CMA, DMA, or LSA to make producer eligibility determinations, reasonable quantity determinations, producer payment limitations, and denied benefit determinations.

I. To the Internal Revenue Service to establish the tax liability of individuals as required by the Internal Revenue Code.

J. To State or local tax authorities having an agreement with CCC to withhold taxes or fees from loan proceeds.

K. To the Department of Interior, Bureau of Reclamation (BOR), but only that data necessary for the BOR to administer the Reclamation Act of 1982, as amended.

L. To boards or other entities authorized by State law to collect commodity assessments.

M. To the Peanut Board, with respect to producers of peanuts and their participation in the peanut price support program.

N. To the Department of Interior, Bureau of Indian Affairs, the name and correspondence address of producers to assist in the distribution of funds to Native American Indians.

O. To candidates for FSA county committee positions, the names and correspondence addresses of producers in the county for the purpose of county committee elections.

P. To the public, farm allotment and quota data for marketing quota crops, as allowed by the Agricultural Act of 1938, as amended, and payment information for farm and related programs including information of indirect benefits from payments as indicated by shares of each individual or entity that receive payments or that themselves are ( printed page 33685) considered to have an indirect interest in payments.

Q. To State Foresters, the names and correspondence addresses of producers and crop-specific data regarding their operations with respect to forestry conservation practices.

R. To commodity buyers, the name and correspondence address of commodity producers for purposes related to the redemption of commodities pledged under an FSA Marketing Assistance Loan.

S. To commodity delivery points, the names, correspondence addresses, farm numbers, commodity acreages of producers for the purpose of commodity classification and grading.

T. To members of Congress, the names and correspondence addresses of all producers in the system of records for the purpose of evaluating information relevant to specific states, committees, or topics in which members have interest.

U. To the public when they need to obtain the names and correspondence addresses of producers who have commodity loans with FSA or CCC to prevent one of those producers from purchasing a commodity that has been placed under a CCC loan.

V. To State or local taxing authorities or their contracted appraisal companies, the name and correspondence address of producers for tax appraisal purposes.

W. To State-certified or State-licensed appraisers and employees of federal agencies qualified to perform and actually performing real estate appraisals for USDA. Records that will be disclosed include only the data that is necessary for the appraiser to complete the appraisal.

X. To cooperating persons or federal, State, local, or Tribal agencies working in cooperation with the Secretary in any USDA program. Records that will be disclosed include only the data that is necessary for the cooperating person or agency to complete work on the USDA program.

Y. To any federal agency or any approved insurance provider (AIP), the information collected using the Comprehensive Information Management System (CIMS) used to administer the programs of the Federal Crop Insurance Corporation (FCIC) and FSA as specified in 7 U.S.C. 8002(b)(2). All information disclosed to CIMS may be further disclosed to any contractor engaged in the development or maintenance of CIMS. Select CIMS data may also be further disclosed to AIPs and AIP employees, insurance agents, and loss adjusters, but will be limited to only the producer reported information that is associated with a given AIP's insured producers and that insured producer's farming operations (for data to be disclosed, the producer must actually be insured by the given AIP). For the disclosure of CLU information, CIMS will provide the AIP a limited file of CLU information containing data elements for those States in the AIP plan of operation to include Shape, (CLU boundaries), Location State Code, Location County Code, Administrative State Code, Administrative County Code, CLU Number, CLU Calculated Acres, CLU Class, Last Change Date, Common Land Unit Identifier, Farm Number, Tract Number, and Field Number information. The limited CLU data set provided to the AIP will not contain data reported to FSA by the producer via the FSA-578, “Report of Acreage” (for example, planted acres, name, address, crops, etc.).

Z. To any federal agency or any AIP, the information in the USDA data warehouse and data mining operation Agricultural Risk Protection Act of 2000 (7 U.S.C. 1515(j)). All information disclosed to the USDA data warehouse and data mining operation may be further disclosed to any contractor engaged in the development or maintenance of the USDA data warehouse and data mining operation. Select data may also be further disclosed to AIPs and AIP employees, insurance agents, and loss adjusters. Disclosure is limited to only the producer reported information that is associated with a given AIP's insured producers and that insured producer's farming operations (for data to be disclosed, the producer must actually be insured by the given AIP).

AA. For the purpose of accurately calculating producer and government share of producers' insurance premiums in accordance with the Agricultural Act of 2014 ( i.e., 2014 Farm Bill), to the AIPs (excluding the AIP's insurance agents) and loss adjusters, USDA will disclose records that may include the producer's name, crop name, FSA county office address, program years, and the last 4 digits of producer's tax ID number. USDA may disclose a copy of both current and prior Producer Print and Map Photocopies, Farm Operating Plan for Payment Eligibility Review for an Individual, Highly Erodible Land Conservation (HELC), and Wetland Conservation (WC) Certification. Disclosure will be made only in response to a properly submitted request for certain information.

BB. USDA will disclose information about individuals from this system of records in accordance with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101-6106); section 204 of the EGovernment Act of 2002 (44 U.S.C. 3501 note), and the Office of Federal Procurement Policy Act (41 U.S.C. 403-440), or similar laws requiring agencies to make available publicly names, locations, and other information concerning federal financial assistance, including grants, subgrants, loan awards, cooperative agreements, and other financial assistance; and contracts, subcontracts, purchase orders, task orders, and delivery orders.

CC. To a court or adjudicative body in a proceeding when:

1. USDA or any component of USDA;

2. Any USDA employee in his or her official capacity;

3. Any USDA employee in his or her individual capacity where USDA has agreed to represent the employee; or

4. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, USDA determines that the records are both relevant and necessary to the litigation and the use of such records is therefore deemed by USDA to be for a purpose that is compatible with the purpose for which USDA collected the records.

DD. Information may be disclosed to federal agencies pursuant to the Debt Collection Improvement Act and related authorities for any purpose related to debt collection, including locating debtors for debt collection efforts and/or effecting remedies against monies payable to such debtors by the Federal Government. In accordance with computer matching or data sharing programs, information may be disclosed to federal agencies, the Department of Housing and Urban Development for the purpose of evaluating a loan applicant's creditworthiness, information that will allow for the pre-screening of applicants through the Credit Alert Verification Reporting System (CAIVRS) computer matching program. An applicant will be pre-screened for any debts owed or loans guaranteed by the Federal Government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the Federal Government. Authorized employees of, and approved private lenders acting on behalf of, the federal agencies participating in the CAIVRS computer matching program will be able to search the CAIVRS database. The disclosure may include the applicant's name, home address, Social Security Number, and income or financial information.

EE. To the U.S. Department of the Treasury when disclosure of the information is relevant to review payment and award eligibility through the Do Not Pay Working System for the ( printed page 33686) purposes of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds, including funds disbursed by a state (meaning a state of the United States, the District of Columbia, a territory or possession of the United States, or a federally recognized Indian tribe) in a state-administered, federally funded program.

FF. To another Federal agency or Federal entity, when USDA determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

GG. Specifically, regarding records and information collected under AFIDA, to a Member of Congress or to a Congressional staff member in response to a request related to agriculture or national security interests.

HH. Specifically regarding information and records collected under AFIDA, to any federal agencies, including member agencies of the Committee on Foreign Investment in the United States (CFIUS), including but not limited to the Department of Treasury, Department of State, Department of Homeland Security, Department of Defense, and Department of Commerce, for the purposes of identifying, assessing, or addressing national-security risks associated with foreign ownership, acquisition, or control of U.S. agricultural land.

II. Specifically regarding information and records collected under AFIDA, to appropriate agencies or organizations within the United States, whether federal, State, Territorial, local, or Tribal, or other public authority, for the purpose of tracking, validating, or administering use of agricultural land within that agency or organization's jurisdiction.

JJ. Specifically, regarding information and records collected under AFIDA, to the public. Any report submitted to the Secretary of Agriculture under section 3501 of AFIDA will be available for public inspection at USDA in Washington, DC, not later than 10 days after the Secretary receives the report for the purpose of meeting statutory requirements in 7 U.S.C. 3506.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

Records in this system of records are stored electronically on security measure protected (for example, eAuthentication, password, restricted access protocol, etc.) databases, electronically on e-media devices (computer hard drive, magnetic disc, tape, digital media, CD, DVD, etc.), and on paper copy. Record storage is located within secured or locked facilities.

See also “Policies and Practices for Retrieval of Records,” “Policies And Practices for Retention And Disposal Of Records,” “Administrative, Technical, and Physical Safeguards,” “Record Access Procedure” and “Notification Procedures” below.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

Records may be retrieved by the individual's name, Social Security Number, tax identification number, loan number, or farm number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

Records are maintained in file folders and Department computer systems at applicable locations as set out above under the heading “System Location.” Detailed retention and disposal instructions are provided in Records Control Schedule RG 0145: Farm Service Agency and Records Control Schedule RG 0161: Commodity Credit Corporation.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

Records in this system of records are safeguarded in accordance with applicable rules and policies, including all applicable USDA automated systems security and access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the computer systems containing the records in this system of records is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:

To request notification of and access to any record contained in the system of records, or to contest the content of a record, submit a request in writing to the FSA FOIA officer or the FOIA officer for the relevant part of USDA responsible for your information (FOIA contact information is at http://www.da.usda.gov/​foia.htm). If you believe more than one USDA agency maintains Privacy Act records concerning you, submit the request to the Chief FOIA Officer, Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250.

When seeking records about yourself from this system of records or any other Departmental system of records, your request must conform with the Privacy Act regulations in 7 CFR 1.110-1.122, as follows. Verify your identity by providing your:

• Full name,
• Current address, and
• Date and place of birth.

You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, which is a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Chief FOIA Officer, Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250. In addition, you should provide the following:

• Explain why you believe USDA would have information on you,
• Identify which USDA agency you believe may have the information about you,
• Specify when you believe the records would have been created, and
• Provide any other information that will help the FOIA staff determine which USDA component agency may have responsive records.

If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying agreement for you to access the records.

If your request does not include the information specified above, FSA may not be able to conduct an effective search, and may result in your request being denied due to lack of specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:

Individuals desiring to contest or amend information maintained in the system should direct their request to the above listed System Manager and should include the reason for contesting the information as well as 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. ( printed page 33687)

NOTIFICATION PROCEDURE:

An individual may request information regarding this system of records or information as to whether the system contains records pertaining to the individual from the System Manager above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.

HISTORY:

The prior document for this system of records was published on March 22, 2019 (84 FR 10770).

91 FR 33682