[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
FARM CREDIT ADMINISTRATION
Table of Contents
FCA-1 Employee Attendance, Leave, and Payroll Records--FCA
FCA-2 Financial Management Records--FCA
FCA-3 Property Accountability Records--FCA
FCA-4 Biographical Files--FCA
FCA-5 Assignments and Communication Tracking System--FCA
FCA-6 Freedom of Information and Privacy Act Requests--FCA
FCA-7 *Inspector General Investigative Files--FCA
FCA-8 FCA Internet Access System--FCA
FCA-9 *Personnel Security Files--FCA
FCA-10 *Farm Credit System Institution Criminal Referrals--FCA
FCA-11 Litigation and Administrative Litigation Files--FCA
FCA-12 Health and Life Insurance Records--FCA
FCA-13 Correspondence Files--FCA
FCA-14 Employee Travel Records--FCA
FCA-15 Employee Training--FCA
FCA-16 Examiner Training and Education Records
*Exempt
General Statement of Routine Uses
In addition to the disclosures generally permitted under 5 U.S.C.
552a(b), we may disclose these records or information in them under 5
U.S.C. 552a(b)(3) as provided below. The following routine uses apply
to and are incorporated by reference into each system of records set
forth below unless otherwise indicated.
(1) We may disclose a record or information in the record system
when it indicates a violation or potential violation of law, whether
civil, criminal, or regulatory, and whether arising by general
statute or particular program statute, or by regulation, rule, or
order issued pursuant thereto, to the appropriate Federal, State,
local, or foreign agency or authority charged with the responsibility
for investigating or prosecuting such violation or charged with
enforcing compliance with the law.
(2) We may disclose a record or information in the record system
to a responsible licensing authority if the records are relevant and
necessary in the particular licensing decision.
(3) We may disclose a record or information in the record system
to an agency, office, or establishment of the executive, legislative,
or judicial branch of the Federal or State Government, in response to
its request, in connection with hiring or retaining an employee,
issuing a security clearance, reporting on an investigation of an
employee, letting a contract, or issuing a license, grant, or other
benefit to the subject of the record.
(4) We may disclose a record or information in the record system
to a Federal congressional office in response to an inquiry from that
office made at the request of the person who is the subject of the
record.
(5) We may disclose a record or information in the record system
in a proceeding before a court or adjudicative body where FCA is
authorized to appear or to the Department of Justice for use in
litigation, when
(i) FCA, or
(ii) Any FCA employee in his or her official capacity, or
(iii) Any FCA employee in his or her individual capacity where
the Department of Justice or the Agency has agreed to represent the
employee, or
(iv) The United States, where FCA determines that litigation is
likely to affect the Agency,
is a party or has an interest in the litigation or proceeding and
FCA deems the use of such records to be relevant and necessary.
(6) We may disclose a record or information in the record system
to a court, magistrate, or administrative tribunal in presenting
evidence, including disclosures to counsel or witnesses during civil
discovery, litigation, administrative proceedings, settlement
negotiations, or in connection with criminal proceedings, when FCA is
a party to the litigation or proceeding.
(7) We may disclose a record or information in the record system
to a court or other adjudicative body before which FCA is authorized
to appear when,
(i) FCA, or
(ii) Any FCA employee in his or her official capacity, or
(iii) Any FCA employee in his or her individual capacity,
is a party or has an interest in the litigation or proceeding and
FCA deems the use of such records to be relevant and necessary.
(8) We may disclose a record or information in the record system
to the National Archives and Records Administration (NARA) for
records management inspections conducted under 44 U.S.C. 2904 and
2906.
FCA-1
System name:
Employee Attendance, Leave, and Payroll Records--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090 and field offices listed in Appendix A.
Categories of individuals covered by the system:
Current and former FCA employees.
Categories of records in the system:
This system contains paper, electronic, and microfiche files
containing payroll-related information for FCA employees reported on
a biweekly, year-to-date, and, in some cases, annual basis. It
includes the ``Agency Time Tracking System,'' payroll and leave data
for each employee including rate and amount of pay, hours worked, tax
and retirement deductions, leave bank records, life insurance and
health insurance deductions, savings allotments, savings bond and
charity deductions, other financial deductions, mailing addresses,
and home addresses. The National Finance Center's U.S. Department of
Agriculture Personnel Payroll System provides agency payroll
services.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We may use information in this record system to prepare payroll,
to meet Government payroll recordkeeping and reporting requirements,
and to retrieve and supply payroll and leave information as required
for Agency needs.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
We may disclose information in this system of records to other
Government agencies, commercial or credit organizations, or to
prospective employers to verify employment.
We may disclose information in this system of records to Federal,
State, and local taxing authorities concerning compensation to
employees or to contractors; to the Office of Personnel Management,
Department of the Treasury, Department of Labor, and other Federal
agencies concerning pay, benefits, and retirement of employees; to
Federal employees' health benefits carriers concerning health
insurance of employees; to financial organizations concerning
employee savings account allotments and net pay to checking accounts;
to State human resource offices administering unemployment
compensation programs; to educational and training organizations
concerning employee qualifications and identity for specific courses;
and to heirs, executors, and legal representatives of beneficiaries.
We may disclose information in this system of records to the
Office of Child Support Enforcement, Administration for Children and
Families, Department of Health and Human Services, Federal Parent
Locator System (FPLS), and Federal Tax Offset System for use in
locating individuals and identifying their income sources, to
establish paternity, establish and modify orders of support, and for
enforcement actions.
We may disclose information in this system of records to the
Office of Child Support Enforcement for release to the Social
Security Administration for verifying Social Security numbers in
connection with the operation of the FPLS by the Office of Child
Support Enforcement.
We may disclose information in this system of records to the
Office of Child Support Enforcement for release to the Department of
Treasury to administer the Earned Income Tax Credit Program (section
32, Internal Revenue Code of 1986) and to verify a claim with respect
to employment in a tax return.
Additional routine uses are listed in the ``General Statement of
Routine Uses.''
Disclosure to consumer reporting agencies:
We may disclose information from this system, under 5 U.S.C.
552a(b)(12), to consumer reporting agencies as defined in the Fair
Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims
Collection Act of 1966, as amended, 31 U.S.C. 3701(a)(3), in
accordance with 31 U.S.C. 3711(f).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders or on a computerized
database.
Retrievability:
We retrieve paper records by name and electronic records by
social security number.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with NARA General Records Schedule requirements for
payroll-related records.
System manager(s) and address:
Director, Human and Administrative Resources Division, Farm
Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Direct all inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employee on whom the record is maintained. FCA employees who
approve the records.
Exemptions claimed for the system:
None.
FCA-2
System name:
Financial Management Records--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090 and field offices listed in Appendix A.
Categories of individuals covered by the system:
Current and former FCA employees and persons that provide or may
provide supplies or services to FCA by contract or purchase order.
Categories of records in the system:
This system contains paper files and a computerized database
supporting the FCA financial management system, including employee
travel advance records, travel vouchers, vendor vouchers and purchase
orders, requisitions, FCA administrative expenses, collections,
Agency-issued telephone credit cards, and other pertinent written
information related to financial records and purchase transactions.
Also included are bids, offers, and lease agreements.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252; 40 U.S.C. 471 et seq.
Purpose(s):
We use information in this system of records to provide records
of reimbursement to and collections from employees for expenses
incurred while in official travel status, to provide payments to
vendors and other Government agencies, to maintain control over the
collection and disbursement of Agency funds and to limit the
opportunity for fraud, to prepare reports for management and other
Government agencies, and to assist in any audits of purchases of
supplies and services.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See the ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders or on a computerized
database.
Retrievability:
We arrange file folders by: (1) SF 1166a (Voucher and Schedule of
Payments) voucher number within each year, (2) employee name, (3)
purchase order number or contract number, or (4) name of the vendor.
We retrieve information on the computerized database by employee
name, vendor number, or social security number, as applicable.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with NARA General Records Schedule requirements for
financial records and procurement records.
System manager(s) and address:
Director, Office of Resources Management, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Direct all inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
Persons, corporations, or governmental entities that make bids or
offers to FCA or enter into leases or other agreements with FCA. FCA
employees who prepare or audit contractual actions.
Exemptions claimed for the system:
None.
FCA-3
System name:
Property Accountability Records--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090 and field offices listed in Appendix A.
Categories of individuals covered by the system:
Current and former FCA employees.
Categories of records in the system:
This system contains records identifying accountable property
issued to FCA employees for official use. It includes the
manufacturer's model and serial number of the accountable property,
record number, unique bar code number, acquisition document
identifier (purchase order or contract number), vendor's name,
acquisition cost, in-service date, classification (by type of
accountable property) number, employee to whom assigned, and
employee's location.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252; 40 U.S.C. 471 et seq.
Purpose(s):
We use information in this system of records to maintain control
over accountable property.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See the ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records on a computerized database.
Retrievability:
We retrieve records by name.
Safeguards:
Only authorized personnel have access to the computerized
database.
Retention and disposal:
We maintain the data in accordance with NARA General Records
Schedule requirements for storing accounting files.
System manager(s) and address:
Director, Office of Resources Management, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Direct all inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employee to whom property is issued.
Exemptions claimed for the system:
None.
FCA-4
System name:
Biographical Files--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Current and former FCA employees (primarily managers) and FCA
Board members.
Categories of records in the system:
This system contains biographical sketches and photographs.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to inform the public
about the background of FCA officials.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
We may disclose information in this system of records to Farm
Credit System institutions and, on request, to the public in
connection with public appearances and conferences.
Additional routine uses are listed in the ``General Statement of
Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours.
Retention and disposal:
Transferred to the National Archives for permanent retention as
part of the Agency's published materials.
System manager(s) and address:
Director, Office of Congressional and Public Affairs, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Direct all inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employee on whom the record is maintained.
Exemptions claimed for the system:
None.
FCA-5
System name:
Assignments and Communication Tracking System--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Current or former FCA employees, and external parties.
Categories of records in the system:
This system contains incoming letters, outgoing correspondence,
memoranda, documents pertaining to FCA's operations, and
communication logs.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records for reference, to
track employee assignments, and to track oral and written
communications between FCA staff and external parties. This
information aids Agency management in its deliberations.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See the ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain incoming letters or inquiries and their responses in
file folders, on computer disks, and on computers. We store
communication logs on a computer.
Retrievability:
We file incoming letters or inquiries and their responses by Farm
Credit District or alphabetically by requester's name. The automated
communication log can sort and retrieve entries by Farm Credit
District, subject, and name of FCA staff and external party.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computers, computer disks, and the automated communication log.
Retention and disposal:
We destroy data in the automated system as well as the file
folders after 6 years.
System manager(s) and address:
Chief Information Officer, Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Direct all inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments of a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
Persons making general inquiries or requests for information,
persons communicating with the Agency, FCA staff, Farm Credit System
institutions, and other external parties.
Exemptions claimed for the system:
None.
FCA-6
System name:
Freedom of Information and Privacy Act Requests--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Persons that request records under the Freedom of Information or
Privacy Act.
Categories of records in the system:
This system contains letter requests, copies of replies and
responsive records, and computerized database.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252; 5 U.S.C. 552 and 552a.
Purpose(s):
We use information in this system of records for reference.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See the ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders and on a computerized
database.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with NARA General Records Schedule requirements for
Freedom of Information and Privacy Act request files. We destroy data
in the automated system after 6 years.
System manager(s) and address:
Freedom of Information and Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Direct all inquiries about this system of records to: Freedom of
Information and Privacy Act Officer, Farm Credit Administration, 1501
Farm Credit Drive, McLean, VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
Persons making Freedom of Information and Privacy Act requests
and FCA employees.
Exemptions claimed for the system:
None.
FCA-7
System name:
Inspector General Investigative Files--FCA.
Security classification:
None.
System location:
Office of the Inspector General (OIG), Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Categories of individuals covered by the system:
Subjects of OIG investigations relating to FCA's programs and
operations. Subjects include, but are not limited to, current and
former FCA employees; current and former agents or employees of
contractors and subcontractors in their personal capacity, where
applicable; and other persons whose actions affect the FCA, its
programs or operations. Businesses, proprietorships, and corporations
are not covered by this system.
Categories of records in the system:
This system contains correspondence relating to the
investigation; internal staff memoranda; copies of subpoenas issued
during the investigation, affidavits, statements from witnesses,
transcripts of testimony taken in the investigation, and accompanying
exhibits; documents, records, or copies obtained during the
investigation, interview notes, investigative notes, staff working
papers, draft materials, and other documents or records relating to
the investigation; opening reports, progress reports, and closing
reports; and other investigatory information or data relating to
alleged or suspected criminal, civil, or administrative violations or
similar wrongdoing by subject individuals.
Authority for maintenance of the system:
Inspector General Act Amendments of 1988, Pub. L. 100-504,
amending the Inspector General Act of 1978, Pub. L. 95-452, 5 U.S.C.
app. 3.
Purpose(s):
We use information in this system: To document the conduct and
outcome of investigations; to report results of investigations to
other components of the FCA and other agencies and authorities for
their use in evaluating programs and imposition of criminal, civil,
or administrative sanctions; to report the results of investigations
to other agencies or other regulatory bodies for an action deemed
appropriate, and for retaining sufficient information to fulfill
reporting requirements; and to maintain records related to the OIG's
activities.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
We may disclose information in this system of records to any
source when the FCA OIG is conducting an investigation or audit, but
only to the extent necessary to get information from that source
relevant to and sought in furtherance of the investigation or audit.
We may disclose the record or information in the record system to
agencies, offices, or establishments of the executive, legislative,
or judicial branch of the Federal or State government when we have a
request and where the records or information is relevant and
necessary to a decision on an employee's discipline or other
administrative action (excluding a decision on hiring). We will take
reasonable steps to ensure that the records are timely, relevant,
accurate, and complete enough to assure fairness to the employee
affected by the disciplinary or administrative action.
We may disclose the record or information in the record system to
independent auditors or other private firms that OIG has contracted
with to carry out an independent audit or investigation or to
analyze, collate, aggregate, or otherwise refine data collected in
the system of records. Such contractors shall maintain Privacy Act
safeguards with respect to such records.
We may disclose the record or information in the record system to
an FCA contractor when a contractor-operated program has been subject
to OIG investigation that has uncovered personnel problems so that
the contractor can correct those problems.
We may disclose the record or information in the record to debt
collection contractors to collect debts owed to the Government, as
authorized under the Debt Collection Act of 1982, 31 U.S.C. 3718, and
subject to applicable Privacy Act safeguards.
Additional routine uses are listed in the ``General Statement of
Routine Uses.''
Disclosure to consumer reporting agencies:
We may disclose information from this system, pursuant to 5
U.S.C. 552a(b)(12), to consumer reporting agencies as defined in the
Fair Credit Reporting Act, 15 U.S.C. 1681a(f) or the Federal Claims
Collection Act of 1966, as amended, 31 U.S.C. 3701(a)(3), in
accordance with section 3711(f) of title 31.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
The OIG Investigative Files consist of paper records maintained
in file folders, cassette tapes of interviews, and data maintained on
computer diskettes. We store the folders, diskettes, and cassette
tapes in file cabinets in the OIG.
Retrievability:
We retrieve the records by the name of the subject of the
investigation or by a unique control number assigned to each
investigation.
Safeguards:
We maintain the records in lockable file cabinets in lockable
rooms. Only authorized employees have access to the records. We lock
file cabinets and rooms during non-duty hours.
Retention and disposal:
We destroy OIG Investigative Files 10 years after a case is
closed. We offer cases that are unusually significant for documenting
major violations of criminal law or ethical standards to the National
Archives for permanent retention.
System manager(s) and address:
Inspector General, Farm Credit Administration, 1501 Farm Credit
Drive, McLean, VA 22102-5090.
Notification procedure:
Address all inquiries about this system of records to: Privacy
Act Officer, Farm Credit Administration, 1501 Farm Credit Drive,
McLean, VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Contesting record procedures:
Direct requests for amendments to: Privacy Act Officer, Farm
Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Record source categories:
Employees or other persons on whom the record is maintained, non-
target witnesses, FCA and non-FCA records, to the extent necessary to
carry out OIG investigations authorized by 5 U.S.C. app. 3.
Exemption claimed for the system:
Pursuant to 5 U.S.C. 552a(j)(2), records in this system are
exempt from the provisions of 5 U.S.C. 552a, except subsections (b),
(c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and
(11), and (i), and corresponding sections of 12 CFR 603.355, to the
extent a record in the system of records was compiled for criminal
law enforcement purposes.
Pursuant to 5 U.S.C. 552a(k)(2), the system is exempt from 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f), and
the corresponding provisions of 12 CFR 603.355, to the extent the
system of records consists of investigatory material compiled for law
enforcement purposes. Material within the scope of the exemption at 5
U.S.C. 552a(j)(2) is also exempt. See 12 CFR 603.355.
FCA-8
System name:
FCA Internet Access System--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Current and former FCA employees.
Categories of records in the system:
This system contains information pertaining to an employee's
access to the Internet, including the employee's name, Web sites
visited, dates, and times.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to monitor an
employee's access to the Internet.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records on a computerized database.
Retrievability:
We retrieve records by name.
Safeguards:
Only authorized personnel have access.
Retention and disposal:
In accordance with NARA General Records schedule requirements.
System manager(s) and address:
Director, Office of Resources Management, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Address all inquiries about this system of records to: Privacy
Act Officer, Farm Credit Administration, 1501 Farm Credit Drive,
McLean, VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR 603.310.
Contesting record procedures:
Direct requests for amendments of a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22101-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employee to whom record applies or Agency officials.
Exemptions claimed for the system:
None.
FCA-9
System name:
Personnel Security Files--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Current and former FCA employees.
Categories of records in the system:
This system contains case files compiled during background
investigations of employees in sensitive positions. It may include:
(a) Security forms (e.g., SF 86, ``Security Investigation Data for
Sensitive Position'' and OPM Form 329-B, ``Authority for Release of
Information and Redisclosure''); (b) investigative reports that may
include a credit check, a check of police records, and interviews
with neighbors, former supervisors, and coworkers; (c) a
determination of suitability for a security clearance by FCA's
security officer; and (d) issuance of clearance statement.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252; Executive Orders 10450 and 10577.
Purpose(s):
We use information in this system of records to determine
suitability for holding a sensitive position within FCA and to issue
a security clearance.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See the ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain records in a locked safe in an area that is secured
after business hours. Only the Personnel Security Officer and
Alternate Personnel Security Officer have access to the records.
Retention and disposal:
Files are retained in accordance with the NARA General Records
Schedule requirements for personnel security records.
System manager(s) and address:
Personnel Security Officer, Human and Administrative Resources
Division, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Notification procedure:
Address inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employees requesting a security clearance and individuals or
organizations that provide information to FCA concerning an
employee's suitability for a security clearance.
Exemptions claimed for the system:
Information in this system of records about a confidential
source's identity is subject to a specific exemption, 5 U.S.C.
552a(k)(5), to ensure accurate information on employment suitability.
FCA-10
System name:
Farm Credit System Institution Criminal Referrals--FCA.
Security classification:
None.
System location:
Office of General Counsel, Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102-5090.
Categories of individuals covered by the system:
Individuals who participate or have participated in the conduct
of, or who are or were connected with, Farm Credit System
institutions, such as directors, officers, employees, borrowers,
shareholders, and agents, who have been named in criminal referrals,
investigatory records or administrative enforcement orders or
agreements.
Categories of records in the system:
This system may contain: Inter-agency or intra-agency
correspondence or memoranda; criminal referral reports; newspaper
clippings; Federal, State, or local criminal law enforcement agency
investigatory reports, indictments, and/or arrest or conviction
information; and administrative enforcement orders or agreements.
Records contained in this system (e.g., criminal law
investigation reports prepared by the Federal Bureau of
Investigation, Secret Service, and other Federal law enforcement
agencies) may be the property of other agencies. Upon receipt of a
request for such records, FCA will immediately notify the proprietary
agency of the request and ask how to process the request for access.
FCA may forward the request to the proprietary agency for processing
in accordance with that agency's regulations.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to track the
progress of criminal referrals through the justice system, to notify
FCA examiners and Farm Credit System institutions of criminal
referrals, and to issue notices/orders of prohibition.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
We may disclose information in this system of records to any
financial institution, agency, authority, or other entity affected by
the enforcement activities that reported the criminal activities or
that regulates or supervises the financial institution.
Additional routine uses are listed in the ``General Statement of
Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders and on a computerized
database.
Retrievability:
We retrieve records by name or by chronological number assigned
in order of receipt.
Safeguards:
We maintain records in a cabinet in an area that is secured after
business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
Records are destroyed 20 years after action is completed.
System manager(s) and address:
Associate General Counsel, Legal Counsel Division, Office of
General Counsel, Farm Credit Administration, 1501 Farm Credit Drive,
McLean, VA 22102-5090.
Notification procedure:
Address inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, Farm Credit Drive, McLean, VA 22102-5090, as provided
in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
Farm Credit System institutions; Federal financial regulatory
agencies; newspapers; and criminal law enforcement investigatory and
prosecutorial authorities.
Exemptions claimed for the system:
This system is subject to a specific exemption, 5 U.S.C.
552a(k)(2), to the extent investigatory material is compiled for law
enforcement purposes. Federal criminal law enforcement investigatory
reports maintained as part of this system may be subject to
exemptions imposed by the originating agency under 5 U.S.C.
552a(j)(2).
FCA-11
System name:
Litigation and Administrative Adjudication Files--FCA.
Security classification:
None.
System location:
Office of General Counsel, Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102-5090.
Categories of individuals covered by the system:
Parties involved in litigation or administrative adjudication
with the FCA or litigation in which the FCA has an interest,
including: (a) Administrative proceedings before the FCA (e.g.,
personnel actions, whistleblower cases), (b) Federal court cases when
FCA is a party, (c) litigation when FCA is participating as an amicus
curiae, (d) a claim and/or subsequent litigation under the Federal
Tort Claims Act, and (e) other cases involving issues of concern to
FCA, including those brought by other law enforcement agencies,
Federal financial regulatory agencies, and private parties.
Categories of records in the system:
This system may contain: Papers comprising or included in the
case record, such as briefs, affidavits, reports of investigation;
other correspondence related to the action; internal memoranda and
other documents pertaining to the action.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252; 44 U.S.C. 3101.
Purpose(s):
We use information in this system of records to track litigation
matters and to draft legal opinions and litigation reports.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See the ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders and on a computerized
database.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with retention schedules approved by NARA.
System manager(s) and address:
General Counsel, Farm Credit Administration, 1501 Farm Credit
Drive, McLean, VA 22102-5090.
Notification procedure:
Address all inquiries about this system of records to: Privacy
Act Officer, Farm Credit Administration, 1501 Farm Credit Drive,
McLean, VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
System Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090,
as provided in 12 CFR part 603.
Contesting record procedures:
Address requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
Person to whom the record applies, FCA employees, witnesses, U.S.
Attorneys, U.S. District Courts, parties to the proceedings, or other
Federal, State, or local agencies.
Exemptions claimed for the system:
None.
FCA-12
System name:
Health and Life Insurance Records--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Current and former FCA employees and their dependents who are
enrolled in the Agency-sponsored health and/or life insurance.
Categories of records in the system:
This system contains enrollment information for health and/or
life insurance, including information on earnings, number and name of
dependents, sex, birth date, home address, and social security
number. It may also contain information pertaining to claims for
benefits.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to track premium
payments and to pay claims.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information in this system of records may be disclosed:
(1) To the health or life insurance carrier in support of a claim
for insurance benefits, (2) to vendors, carriers, or other
appropriate third parties to verify, confirm, or substantiate audits
or investigations, and (3) to vendors, carriers, or other appropriate
third parties to obtain competitive bids.
Additional routine uses are listed in the ``General Statement of
Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours.
Retention and disposal:
In accordance with NARA General Records Schedule requirements.
System manager(s) and address:
Director, Human and Administrative Resources Division, Farm
Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Address inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
System Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090,
as provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employee enrolled in the Agency-sponsored health and/or life
insurance or the insurance company.
Exemptions claimed for the system:
None.
FCA-13
System name:
Correspondence Files--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090 and field offices listed in Appendix A.
Categories of individuals covered by the system:
Current and former FCA employees and correspondents.
Categories of records in the system:
This system contains incoming and outgoing correspondence and
internal reports and memoranda, which are part of a general
correspondence file maintained by the office involved.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to track incoming
and outgoing correspondence and to draft correspondence and other
memoranda.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders and on a computerized
database.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with NARA General Records Schedule.
System manager(s) and address:
Chief Executive Officer, Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102-5090
Notification procedure:
Direct inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
Persons corresponding with FCA and correspondence and memoranda
prepared by FCA.
Exemptions claimed for the system:
None.
FCA-14
System name:
Employee Travel Records--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
FCA employees who travel on official FCA business.
Categories of records in the system:
This system contains the employee's name, address, destination,
itinerary, mode and purpose of travel. It includes travel
authorizations, travel vouchers, receipts, dates, expenses, amounts
advanced, amounts claimed, amounts reimbursed, and other records.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to ensure the proper
payment of travel claims.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders and on a computerized
database.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with NARA General Records Schedule.
System manager(s) and address:
Chief Executive Officer, Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102-5090
Notification procedure:
Direct inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employee that is the subject of the record and service
providers.
Exemptions claimed for the system:
None.
FCA--15
System name:
Employee Training--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Present and former FCA employees.
Categories of records in the system:
This system contains the educational history and progression of
FCA employees while employed by FCA, including employee's schools of
attendance, courses completed or enrolled in, dates of attendance,
tuition fees and expenses, and per diem and travel expenses.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to track an
employee's professional training.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders and on a computerized
database.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with NARA General Records Schedule.
System manager(s) and address:
Chief Executive Officer, Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Address all inquiries about this system of records to: Privacy
Act Officer, Farm Credit Administration, 1501 Farm Credit Drive,
McLean, VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA employee that is the subject of the record and the training
institution where the employee enrolled.
Exemptions claimed for the system:
None.
FCA--16
System name:
Examiner Training and Education Records--FCA.
Security classification:
None.
System location:
Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Categories of individuals covered by the system:
Present and former FCA precommissioned and commissioned
examiners.
Categories of records in the system:
This system contains the educational history and progression of
FCA precommissioned examiners, including the skills inventory form,
training program record, formal training record, and results of
commissioning test.
Authority for maintenance of the system:
12 U.S.C. 2243, 2252.
Purpose(s):
We use information in this system of records to track
precommissioned examiners' training and progression.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.''
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
We maintain records in file folders and on a computerized
database.
Retrievability:
We retrieve records by name.
Safeguards:
We maintain file folders in a cabinet in an area that is secured
after business hours. Only authorized personnel have access to the
computerized database.
Retention and disposal:
In accordance with NARA records schedules.
System manager(s) and address:
Chief Executive Officer, Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102-5090.
Notification procedure:
Direct all inquiries about this system of records to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
Record access procedures:
To obtain a record, contact: Privacy Act Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, as
provided in 12 CFR part 603.
Contesting record procedures:
Direct requests for amendments to a record to: Privacy Act
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090, as provided in 12 CFR part 603.
Record source categories:
FCA examiner that is the subject of the record, the examiner's
supervisor, and members of the examiner's supervision panel.
Exemptions claimed for the system:
None.
Appendix A--Farm Credit Administration Field Offices
McLean Field Office, 1501 Farm Credit Drive, McLean, VA
22102-5090
Dallas Field Office, 511 East Carpenter Freeway, Suite
650, Irving, TX 75062-3930
Denver Field Office, 3131 South Vaughn Way, Suite 250,
Aurora, CO 80014-3507
Sacramento Field Office, 2180 Harvard Street, Suite
300, Sacramento, CA 95815
Bloomington Field Office, 2850 Metro Drive, Suite 729,
Bloomington, MN 55425-1415
FARM CREDIT ADMINISTRATRATION
Title 12-Banks and Banking
Chapter VI-Farm Credit Administration
PART 603--PRIVACY ACT REGULATIONS
Sec.
603.300 Purpose and scope.
603.305 Definitions.
603.310 Procedures for requests pertaining to individual records in a
record system.
603.315 Times, places, and requirements for identification of
individuals making requests.
603.320 Disclosure of requested information to individuals.
603.325 Special procedures for medical records.
603.330 Request for amendment to record.
603.335 Agency review of request for amendment of record.
603.340 Appeal of an initial adverse determination of a request to
amend a record.
603.345 Fees for providing copies of records.
603.350 Criminal penalties.
603.355 Exemptions.
Authority: Sec. 5.9, 5.17; 12 U.S.C. 2243, 2252.
Source: 40 FR 40454, Sept. 2, 1975, unless otherwise noted.
Sec. 603.300 Purpose and scope.
(a) This part is published by the Farm Credit Administration pursuant
to the Privacy Act of 1974 (Pub. L. 93-579, 5 U.S.C. 552a) which
requires each Federal agency to promulgate rules to establish procedures
for notification and disclosure to an individual of agency records
pertaining to him, and for review of such records.
(b) The records covered by this part include:
(1) Personnel and employment records maintained by the Farm Credit
Administration which are not covered by Sec. Sec. 293.101-293.111 of the
regulations of the Office of Personnel Management (5 CFR 293.101-
293.111), and
(2) Other records contained in record systems maintained by the Farm
Credit Administration.
[40 FR 40454, Sept. 2, 1975, as amended by 51 FR 41941, Nov. 20, 1986]
Sec. 603.305 Definitions.
For the purposes of this part:
(a)``Agency'' means the Farm Credit Administration.
(b) ``Individual'' means a citizen of the United States or an alien
lawfully admitted for permanent residence;
(c) ``Maintain'' includes maintain, collect, use, or disseminate;
(d) ``Record'' means any item, collection, or grouping of information
about an individual that is maintained by an agency including, but not
limited to, that person's education, financial transactions, medical
history, and criminal or employment history, and that contains that
person`s name, or the identifying number, symbol, or other identifying
particular assigned to the individual, such as a finger or voice print
or photograph;
(e) ``Routine use'' means, with respect to the disclosure of a record,
the use of such record for a purpose that is compatible with the purpose
for which it was collected;
(f) ``Statistical record'' means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual, except as provided by 13 U.S.C. 8;
(g) ``System of records'' means a group of any records under the
control of any agency from which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual.
[51 FR 41941, Nov. 20, 1986]
Sec. 603.310 Procedures for requests pertaining to individual
records in a record system.
(a) Any present or former employee of the Farm Credit Administration
seeking access to that person's official civil service records
maintained by the Farm Credit Administration shall submit a request in
such manner as is prescribed by the Office of Personnel Management.
(b) Individual shall submit their requests in writing to the Privacy
Act Officer, Office of General Counsel, Farm Credit Administration,
McLean, Virginia 22102-5090, when seeking to obtain from the Farm Credit
Administration:
(1) Notification whether the agency maintains a record pertaining to
that person in a system of records;
(2) Notification whether the agency has disclosed a record for which
an accounting of disclosure is required to be maintained and made
available to that person;
(3) A copy of a record pertaining to that person or the accounting of
its disclosure; or
(4) The review of a record pertaining to that person or the accounting
of its disclosure. The request shall state the full name and address of
the individual, and identify the system or systems of records believed
to contain the information or record sought.
[51 FR 41941, Nov. 20, 1986, as amended at 61 FR 67185, Dec. 20, 1996]
Sec. 603.315 Times, places, and requirements for identification of
individuals making requests.
The individual making written requests for information or records
ordinarily will not be required to verify that person's identity. The
signature upon such requests shall be deemed to be a certification by
the requester that he or she is the individual to whom the record
pertains, or the parent of a minor, or the duly appointed legal guardian
of the individual to whom the record pertains. The Privacy Act Officer,
however, may require such additional verification of identity in any
instance in which the Privacy Act Officer deems it advisable.
[51 FR 41941, Nov. 20, 1986]
Sec. 603.320 Disclosure of requested information to individuals.
(a) The Privacy Act shall, within a reasonable period of time after
the date of receipt of a request for information or records:
(1) Determine whether or not such request shall be granted,
(2) Notify the requester of the determination and, if the request is
denied, of the reasons therefor, and
(3) Notify the requester that fees for reproducing copies of records
may be charged as provided in Sec. 603.345.
(b) If access to a record is denied because the information therein
has been compiled by the Farm Credit Administration in reasonable
anticipation of a civil or criminal action proceeding the Privacy Act
shall notify the requester of that person's right to judicial appeal
under 5 U.S.C. 552a(g).
(c)(1) If access to a record is granted the requester shall notify the
Officer whether the requested record is to be copied and mailed to the
requester or whether the record is to be made available for personal
inspection.
(2) A requester who is an individual may be accompanied by an
individual selected by the requester when the record is disclosed, in
which case the requester may be required to furnish a written statement
authorizing the discussion of the record in the presence of the
accompanying person.
(d) If the record is to be made available for personal inspection, the
requester shall arrange with the Privacy Act Officer a mutually
agreeable time in the offices of the Farm Credit Administration for
inspection of the record.
Sec. 603.325 Special procedures for medical records.
Medical records in the custody of the Farm Credit Administration which
are not subject to Office of Personnel Management regulations shall be
disclosed either to the individual to whom they pertain or his
authorized or legal representative or to a licensed physician named by
the individual.
[51 FR 41942, Nov. 20, 1986]
Sec. 603.330 Request for amendment to record.
(a) If, after disclosure of the requested information, an individual
believes that the record is not accurate, relevant, timely, or complete,
that person may request in writing that the record be amended. Such a
request shall be submitted to the Privacy Act Officer and shall contain
identification of the system of records and the record or information
therein, a brief description of the material requested to be changed,
the requested change or changes, and the reason for such change or
changes.
(b) The Privacy Act Officer shall acknowledge receipt of the request
within 10 days (excluding Saturdays, Sundays, and legal holidays) and,
if a determination has not been made, advise the individual when that
person may expect to be advised of action taken on the request. The
acknowledgment may contain a request for additional information needed
to make a determination.
[51 FR 41942, Nov. 20, 1986]
Sec. 603.335 Agency review of request for amendment of record.
Upon receipt of a request for amendment of a record, the Privacy Act
Officer shall:
(a) Correct any portion of a record which the individual making the
request believes is not accurate, relevant, timely, or complete and
thereafter inform the individual in writing of such correction, or
(b) Inform the individual in writing of refusal to amend the record
and of the reasons therefor, and advise him that he may appeal such
determination as provided in Sec. 603.340 of this part.
[40 FR 40454, Sept. 2, 1975, as amended at 51 FR 41942, Nov. 20, 1986]
Sec. 603.340 Appeal of an initial adverse determination of a
request to amend a record.
(a) Not more than 10 days (excluding Saturdays, Sundays, and legal
holidays) after receipt by an individual of an adverse determination on
his request to amend a record or otherwise, the individual may appeal to
the Director, Office of Resources Management.
(b) The appeal shall be by letter, mailed or delivered to the
Director, Office of Resources Management, Farm Credit Administration,
McLean, Virginia 22102-5090. The letter shall identify the records
involved in the same manner they were identified to the Privacy Act
Officer, shall specify the dates of the request and adverse
determination, and shall indicate the expressed basis for that
determination. Also, the letter shall state briefly and succinctly the
reasons why the adverse determination should be reversed.
(c) The review shall be completed and a final determination made by
the Director not later than 30 days (excluding Saturdays, Sundays, and
legal holidays) from receipt of the request for such review, unless the
Deputy Governor extends such 30-day period for good cause. If the 30-day
period is extended the individual shall be notified of the reasons
therefor.
(d) If the Director refuses to amend the record in accordance with the
request, the individual shall be notified of the right to file a concise
statement setting forth that person's disagreement with the final
determination and that person's right under 5 U.S.C. 552a(g)(1)(A) to a
judicial review of the final determination.
(e) If an amendment of a record as requested upon review is refused,
there shall be included in the disputed portion of the record a copy of
the concise statement filed by the individual together with a concise
statement of the reasons for not amending the record as requested. Such
statements will be included when disclosure of the disputed record is
made to persons and agencies as authorized under 5 U.S.C. 552a.
[40 FR 40454, Sept. 2, 1975, as amended at 51 FR 41924, Nov. 20, 1986;
56 FR 2673, Jan. 24, 1991]
Sec. 603.345 Fees for providing copies of records.
Fees for providing copies of records shall be charged in accordance
with Sec. Sec. 602.267 and 602.269 of this chapter.
[40 FR 40454, Sept. 2, 1975, as amended at 56 FR 28479, Jun. 21, 1991]
Sec. 603.350 Criminal penalties.
Section 552a (l) (3) of the Privacy Act (5 U.S.C. 552a(i) (3)) makes
it a misdemeanor, subject to a maximum fine of $5,000, to knowingly and
willfully request or obtain any record concerning any individual from an
agency under false pretenses. Sections 552a(i) (1) and (2) of the Act (5
U.S.C. 552a(i) (1), (2)) provide penalties for violation by agency
employees of the Act or regulations established thereunder.
Sec. 603.355 Exemptions.
(a) Pursuant to 5 U.S.C. 552a(k) (2), investigatory material compiled
for law enforcement purposes in the following systems of records is
exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I),
and (f) of 5 U.S.C. 552a and from the provisions of this part:
Farm Credit Bank loans--FCA.
Production Credit Association Loans--FCA.
Agricultural Credit Association loans--FCA.
Federal Land Credit Association loans--FCA.
Agricultural Credit Bank loans--FCA.
Office of Inspector General Investigative Files--FCA.
(b) General.(1) In addition, pursuant to 5 U.S.C. 552a(j)(2),
investigatory materials compiled for criminal law enforcement in the
system of records described in (b)(2) are exempt from all subsections of
5 U.S.C. 552a, except (b), (c)(1) and (2), (e)(4)(A) through (F),
(e)(6), (7), (9), (10), and (11), and (i). Exemptions from the
particular subsections are justified for the following reasons:
(i) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
would reveal investigative interest on the part of the OIG. This would
enable record subjects to impede the investigation by, for example,
destroying evidence, intimidating potential witnesses, or fleeing the
area to avoid inquiries or apprehension by law enforcement personnel.
(ii) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsection (j)(2) of the
Privacy Act.
(iii) From subsection (d) because the records contained in this system
relate to official Federal investigations. Individual access to those
records might compromise ongoing investigations, reveal confidential
informant or constitute unwarranted invasions of the personal privacy of
third parties who are involved in a certain investigation. Amendment of
the records would interfere with ongoing criminal law enforcement
proceedings and impose an impossible administrative burden by requiring
criminal investigations to be continuously reinvestigated.
(iv) From subsections (e)(1) and (5) because in the course of law
enforcement investigations, informaiton may occassionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover, it
would impede the specific investigative process if it were necessary to
assure the relevance, accuracy, timeliness and completeness of all
information obtained.
(v) From subsection (e)(2) because in a law enforcement investigation
the requirement that information be collected to the greatest extent
possible from the subject individual would present a serious impediment
to law enforcement in that the subject of the investigation would be
informed of the existence of the investigation and would therefore be
able to avoid detection, apprehension, or legal obligations or duties.
(vi) From subsection (e)(3) because to comply with the requirements of
this subsection during the course of an investigation could impede the
information gathering process, thus hampering the investigation.
(vii) From subsection (e)(4)(G), and (H), and (I), (e)(8), (f), (g)
and (h) because this system is exempt from the access provisions of
subsection (d) pursuant to subsection (j) of the Privacy Act.
(2) Office of Inspector General Investigative Files-FCA.
[56 FR 2673, Jan. 24, 1991, as amended at 32421, Jul. 22, 1992]