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Privacy Act: [ USDA/FS-15] Manpower Programs, USDA/FS....


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[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]


[Page 49613-64211]


       (3) Records from this system may be disclosed 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 has agreed to represent the employee; or (d) the 
   United States, where the agency determines 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) Records from this system may be disclosed in response to a 
   request for discovery or for the appearance of a witness, to the 
   extent that the agency determines that the information sought is 
   relevant to the subject matter involved in a pending judicial or 
   administrative proceeding.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Records are stored in file folders and in computer data files at 
   the addresses listed under ``System location.''
     Retrievability: 
       The records filed in this system are issued a primary individual 
   name or company name and a case number. A secondary name indicating 
   the subject under compliance review is also issued. The records are 
   filed in order of occurrence. Files are retrieved by identifying the 
   individual or company name, subject, and case number.
     Safeguards: 
       Records are stored in file folders and computer data files 
   accessible only to authorized personnel. The computer data base is 
   accessed through a secure system procedure by Office of Compliance 
   Staff and by the FCIC ADP Security Officers. Offices containing these 
   records are locked when not in use during nonbusiness hours and when 
   offices are otherwise vacant. All records are accessible to Office of 
   Compliance Staff and FCIC ADP Security Officers.
     Retention and disposal: 
       Magnetic tape records are maintained indefinitely. Hard copy 
   records are maintained subject to the Disposal of Field Records 
   retention schedule (FCIC Issuance System-M5-P2-C8, Exhibits 1, 2, and 
   5).
     System manager(s) and address: 
       Manager, Federal Crop Insurance Corporation, USDA, Washington, DC 
   20250.
       Assistant Manager for Compliance, Federal Crop Insurance 
   Corporation, USDA, Washington, DC 20250.
     Systems exempted from certain provisions of the act: 
       Pursuant to the provisions of 5 U.S.C. 552a(k)(2), material in 
   this system of records is exempt from the requirements of 5 U.S.C. 
   552a(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) because it 
   contains investigatory material compiled for law enforcement 
   purposes. See 7 CFR 1.123.
       5 U.S.C. 552a(d) requires that an individual be given access to 
   and the right to amend files pertaining to himself or herself. Such 
   individual access to these files could hamper reviews in progress by 
   alerting subjects involved in compliance reviews that their actions 
   are under scrutiny, and allow them time to take measures to prevent 
   detection of any illegal activities or escape prosecution. Release of 
   these records would also disclose investigatory techniques and review 
   procedures employed by Office of Compliance, FCIC and other agencies, 
   which may impair law enforcement activities.
       5 U.S.C. 552a(c)(3) requires that an accounting of disclosures be 
   made available to an individual. This would impair compliance reviews 
   by alerting the subject of the review to the existence of those 
   compliance reviews.
       The release of information from these files could result in the 
   destruction or alteration of documentary evidence necessary to 
   prosecution, improper influencing of witnesses, and other activities 
   which could impede or compromise the review. 5 U.S.C. 552a(e)(1) 
   permits the maintenance of only such information as is relevant and 
   necessary to accomplish a purpose of the agency required by statute 
   or Executive Order. Exemption from this provision is required because 
   determination of relevance and necessity can be made only after 
   information is evaluated. Evaluation at the time of collection is too 
   time consuming for the effective conduct of a compliance review. 
   Further, the determination of relevance or necessity of specific 
   information at the early stages of the compliance review is not 
   possible.
       5 U.S.C. 552a(e)(4) (G) and (H), and (f) provide for notification 
   and access procedures. If these requirements are followed it would 
   necessarily alert subjects of the compliance review to the existence 
   of the review and could impair the outcome of the review. Similarly, 
   access to the records could interfere with compliance review and 
   ultimate law enforcement proceedings; disclose confidential 
   informants and information; constitute an unwarranted invasion of the 
   personal privacy of others; and, reveal confidential investigative 
   techniques and procedures. 5 U.S.C. 552a(e)(4)(I) requires that 
   categories of records in each system be published. Application of 
   this provision could disclose investigative techniques and procedures 
   employed by compliance reviewers and result in sources not giving 
   information because of fear of reprisal, or fear of breach of 
   promises of anonymity or confidentiality resulting in a compromise of 
   the ability to conduct a compliance review.

   #..USDA/FCIC-3

   #....System name: Crop Insurance Actuarial Listing, USDA/FCIC.

     System location: 
       Field Actuarial Offices: Davis, California; Valdosta, Georgia; 
   Springfield, Illinois; Oklahoma City, Oklahoma; Billings, Montana; 
   Jackson, Mississippi; Raleigh, North Carolina; St. Paul, Minnesota; 
   and Topeka, Kansas.
       Field Operations Offices: Davis, California; Harrisburg, 
   Pennsylvania; Columbia, Missouri; Springfield, Illinois; 
   Indianapolis, Indiana; Des Moines, Iowa; Manhattan, Kansas; St. Paul, 
   Minnesota; Jackson, Mississippi; Billings, Montana; Lincoln, 
   Nebraska; Raleigh, North Carolina; Bismarck, North Dakota; Columbia, 
   South Carolina; Huron, South Dakota; Nashville, Tennessee; College 
   Station, Texas; and Spokane, Washington.
       Also, service offices of the Federal Crop Insurance Corporation. 
   Addresses of each such field office may be obtained from the 
   telephone directories under United States Government, Department of 
   Agriculture, Federal Crop Insurance Corporation.
     Categories of individuals covered by the system: 
       Individuals who produce specific crop(s) in the county.
     Categories of records in the system: 
       The system contains the name and address of the owner or operator 
   of a farm, ASCS farm serial number, allotment or planted acres of the 
   crop, and the actuarial classification for the crop(s).
     Authority for maintenance of the system: 
       7 U.S.C. 1501-1520; 7 CFR 2.73.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (1) Referral 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 or particular 
   program statute, or by rule, regulation or order issued pursuant 
   thereto.
       (2) Referral 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.
       (3) Information in the system of records is on file and available 
   to the public for inspection in the service office for the county.
       (4) Dislosure may be made 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.
     Retrievability: 
       Records are indexed by State, county, crop, and name of owner/
   operator of ASCS farm serial number.
     Safeguards: 
       Records are available for public inspection in the service office 
   for the county. These offices are locked during non-working hours.
     Retention and disposal: 
       Indefinite.
     System manager(s) and address: 
       Manager, Federal Crop Insurance Corporation, USDA, Washington, DC 
   20250.
     Notification procedure: 
       An individual may request information regarding this system of 
   records or information as to whether the system contains records 
   pertaining to such individual from the service office. The addresses 
   of the individual service office may be obtained from the Director, 
   Field Operations Division, FCIC, Washington, DC 20250. A request for 
   information pertaining to an individual should contain (1) 
   Individual's name and address, (2) State(s) and county(ies) where 
   farm(s) is located, (3) whether owner or operator, and (4) ASCS farm 
   serial number.
     Record access procedures: 
       An individual may obtain information as to procedures for gaining 
   access to a record in this system which pertains to such individual 
   by submitting a written request to the Director, Field Operations 
   Division, FCIC, Washington, DC 20250.
     Contesting record procedures: 
       Same as access above.
     Record source categories: 
       Information in this system comes from county ASCS offices, data 
   obtained from producers and from Corporation records of producers's 
   insurance experience.

   #.. USDA/FCIC-5

   #....System name: Rejected Applications, USDA/FCIC.

     System location: 
       Field Operations Offices: Davis, California; Harrisburg, 
   Pennsylvania; Columbia, Missouri; Springfield, Illinois; 
   Indianapolis, Indiana; Des Moines, Iowa; Manhattan, Kansas; St. Paul, 
   Minnesota; Jackson, Mississippi; Billings, Montana; Lincoln, 
   Nebraska; Raleigh, North Carolina; Bismarck, North Dakota; Columbia, 
   South Carolina; Huron, South Dakota; Nashville, Tennessee; College 
   Station Texas; and, Spokane, Washington. Also individual service 
   offices of the Federal Crop Insurance Corporation. The address of 
   each Field Operations Office may be obtained from the local telephone 
   directory under the ``United States Government, Department of 
   Agriculture, Federal Crop Insurance Corporation.''
     Categories of individuals covered by the system: 
       Producers whose applications for insurance have been rejected.
     Categories of records in the system: 
       System consists of the rejected application, related materials 
   and correspondence received between the applicant and Federal Crop 
   Insurance Corporation offices.
     Authority for maintenance of the system: 
       7 U.S.C. 1501-1520; 7 CFR 2.73.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (1)Referral top 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) Referral 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.
       (3) Disclosure may be made 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 in the service and field 
   operations offices involved.
     Retrievability: 
       Records are indexed by individual names and crop years.
     Safeguards: 
       Records are accessible only to authorized personnel and are 
   maintained in offices which are locked during non-working hours.
     Retention and disposal: 
       Records are normally retained for 3 years following the crop year 
   in which the file was prepared. Records for disposal are delivered to 
   custodial services as waste paper.
     System manager(s) and address: 
       Manager, Federal Crop Insurance Corporation, USDA, Washington, DC 
   20250.
     Notification procedure: 
       An individual may request information regarding this system of 
   records, or information as to whether the system contains records 
   pertaining to such individual from the service office for the county. 
   The addresses of the individual service office may be obtained from 
   the Director, Field Operations Division, FCIC, Washington, DC 20250. 
   A request for information pertaining to an individual should contain 
   (1) Individual's name and address, (2) State(s) any county(ies) where 
   farm(s) is located, and (3) crop year in which application for 
   insurance was rejected.
     Record access procedures: 
       Any individual may obtain information as to the procedures for 
   gaining access to a record in this system which pertains to such 
   individual by submitting a written request to the appropriate 
   official referred to in the preceding paragraph.
     Contesting record procedures: 
       Same as access procedure.
     Record source categories: 
       Information in this system comes from prospective insureds and 
   employees of the Federal Crop Insurance Corporation.

   #.. USDA/FCIC-6

   #....System name: Insurance Contract Analysis, USDA/FCIC.

     System location: 
       Federal Crop Insurance Corporation, 9435 Holmes, Kansas City, 
   Missouri, 64131. Field Actuarial Offices in Valdosta, Georgia; 
   Springfield, Illinois; Oklahoma City, Oklahoma; Billings, Montana; 
   Jackson, Mississippi; Raleigh, North Carolina; St. Paul, Minnesota; 
   Topeka, Kansas; Harrisburg, Pennsylvania; and, Davis, California. 
   Field Operations offices in 18 different locations, and individual 
   service offices of the Federal Crop Insurance Corporation. Addresses 
   of each field office may be obtained from the Director, Field 
   Operations Division, FCIC, Washington, DC 20250.
     Categories of individuals covered by the system: 
       Individuals who have, or have had in the past, insurance with the 
   Federal Crop Insurance Corporation.
     Categories of records in the system: 
       The system contains the name, crops insured by crop years, the 
   amount of premium paid by the insured, the amount of indemnity paid 
   to the insured, the cause of loss, loss ration of each crop insured 
   under the policy, the number of years of no loss, the wheat bushel 
   balance for premium discount purposes, the total number of years a 
   premium discount was earned, and the number of years an indemnity was 
   paid.
     Authority for maintenance of the system: 
       7 U.S.C. 1501-1520; 7 CFR 2.73.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (1) Referral to the appropriate agency, whether Federal, State, 
   local or foreign, charged with the responsibility of investigating or 

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