[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Notices]
[Pages 32181-32188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15753]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /
Notices
[[Page 32181]]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act; System of Records
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of revised Privacy Act systems of records.
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SUMMARY: Notice is hereby given that the USDA proposes to revise its
systems of records relating to the Rural Development Mission Area.
EFFECTIVE DATE: This notice will be adopted without further publication
in the Federal Register on August 11, 1998. Unless modified by a
subsequent notice to incorporate comments received from the public.
Although the Privacy Act requires only that the portion of the system
which describes the ``routine uses'' of the system be published for
comment, USDA invites comment on all portions of this notice. Comments
must be received by the contact person listed below on or before
[insert date 30 days after date of publication in the Federal
Register].
FOR FURTHER INFORMATION CONTACT:
Dorothy Hinden, Freedom of Information Officer, Support Services
Division, Rural Development, U.S. Department of Agriculture, 1400
Independence Avenue, SW, Stop 0742, Washington, DC 20250-0742;
telephone (202) 720-9638.
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a,
USDA is redesignating and revising seven systems of records and
deleting two systems of records formerly maintained by the Farmers Home
Administration (``FmHA''). In 1994, USDA reorganized, transferring the
farm loan functions of FmHA to the Farm Service Agency (``FSA''). The
revisions USDA is proposing reflect this reorganization. The following
are the constituent agencies of Rural Development: (1) Rural Housing
Service, (2) Rural Business-Cooperative Service, and (3) Rural
Utilities Service. Specifically, USDA will delete the system designated
as USDA/FmHA-3, ``Designated Attorney and Escrow Agent File'' and
incorporate the records maintained in that system into USDA/Rural
Development-1, ``Applicant, Borrower, Grantee, or Tenant File.'' A
second system of records, USDA/FmHA-7, ``Reserved Mineral Interests'',
is being deleted because the records are no longer maintained by USDA.
In addition, USDA is redesignating, reorganizing, and revising systems
as follows:
(1) USDA will maintain the records relating to the Rural
Development Mission Area formerly maintained under the system
designation ``USDA/FmHA-1, ``Applicant, Borrower, Grantee, or Tenant
File'' under the new designation ``USDA/Rural Development-1, Applicant,
Borrower, Grantee, or Tenant File.'' That portion of the former system
pertaining to Farmer Loan Programs has already been redesignated as a
separate system entitled ``USDA/FSA-14, Applicant/Borrower.'' In
addition to the redesignation to reflect the reorganization of FmHA
programs as Rural Development programs, USDA is amending the system to
include social security or employee identification number, bank routing
and account number under the heading, ``categories of records in the
system.''
USDA is making the following revisions to the routine uses in the
system:
(1) Routine use number 3 which permits release of names, home
addresses, social security numbers, and financial information to
business firms in a trade area that buy chattel or crops or sell them
for commission is being deleted because it is no longer needed. It is
being replaced as follows: referral of legally enforceable debts to the
Department of the Treasury under the Treasury Offset Program (TOP) and
the Debt Collection Improvement Act of 1996, Pub. L. 104-134. (2)
Additional language is being added to routine use number 7 to provide
information from this system to assist the borrower in placing the
property on the market through a real estate agent. Two new routine
uses have been added: (1) Routine use number 17 which provides to
consumer or commercial reporting agencies information from this system
indicating that an individual is responsible for a claim that is
current. (2) Routine use number 18 which permits release of names, home
and work addresses, home telephone numbers, social security numbers,
and financial information to escrow agents (which also could include
attorneys and title companies) selected by the applicant or borrower
for the purpose of closing the loan.
(2) USDA is redesignating USDA/FmHA-2, ``Biographical Sketch File''
as USDA/Rural Development-2 ``Biographical Sketch File.'' This system
is being amended to indicate a change in the record system location;
and to indicate a change in the categories of individuals covered by
the system.
(3) USDA is redesignating USDA/FmHA-5, ``Graduation File'' as USDA/
Rural Development-3, ``Graduation File.'' This system is being amended
to indicate a position title change and to remove the County Committee
from the categories of records in the system since it is no longer
needed. It is further being amended to add ``or to assist the borrower
in the sale of the property'' to the routine use number 3. The purpose
of this amendment is to assist the borrower in placing the property on
the market through a real estate agent. Stylistic changes have been
made in the three routine uses for purposes of clarification.
(4) USDA is redesignating USDA/FmHA-6, ``Housing Contractor
Complaint File'' as USDA/Rural Development-4, ``Housing Contractor
Complaint File.'' Stylistic changes have been made in routine uses 1
and 2.
(5) USDA/FmHA-8, ``Tort Claims File'' is being amended to indicate
a change in the system designation to USDA/Rural Development-5 ``Tort
Claims File.'' Rural Development has made stylistic changes in the
language of the routine use.
(6) USDA/FmHA-9, ``Training File'' is being amended to indicate a
change in the system designating to USDA/Rural Development-6,
``Training Files.'' This system is being amended to delete the Norman,
OK site. Stylistic changes have been made in the routine use for
purposes of clarification.
(7) USDA/FmHA-10, ``Travel Records'' is being amended to indicate a
change in the system designation to USDA/Rural Development-7, ``Travel
Records'' and to reflect that the period ``two years'' is being
replaced with ``six
[[Page 32182]]
years'' under the retention and disposal schedule.
Changes in system locations, position titles for system managers,
and addresses have been made where appropriate; and all references to
Farmers Home Administration have been changed to Rural Development.
A ``Report on Revised System,'' required by 5 U.S.C. 552a(r), as
implemented by Appendix III to OMB Circular A-130, was sent to the
Chairman, Senate Committee on Governmental Affairs, the Chairman, House
Committee on Government Reform and Oversight, and the Director, Office
of Information and Regulatory Affairs, Office of Management and Budget
on April 15, 1998.
Signed at Washington, D.C., on April 15, 1998.
Dan Glickman,
Secretary of Agriculture.
USDA/RURAL DEVELOPMENT-1
SYSTEM NAME:
Applicant, Borrower, Grantee, or Tenant File.
SYSTEM LOCATION:
Each Rural Development applicant's, borrower's, grantee's, or
tenant's file is located in the Local, Area, or State Office through
which the financial assistance is sought or was obtained; in the
Centralized Service Center, St. Louis, Missouri; and in the Finance
Office in St. Louis, Missouri. A State Office version of the Local or
Area Office file may be located in or accessible by the State Office
which is responsible for that Local or Area Office. Correspondence
regarding borrowers is located in the State and National Office files.
A list of all State Offices and any additional States for which an
office is responsible is as follows:
Montgomery, AL
Palmer, AK
Phoenix, AZ
Little Rock, AR
Woodland, CA
Lakewood, CO
Camden, DE-DC, MD
Gainesville, FL
Athens, GA
Hilo, HI--Western Pacific Terr.
Boise, ID
Champaign, IL
Indianapolis, IN
Des Moines, IA
Topeka, KS
Lexington, KY
Alexandria, LA
Bangor, ME
Amherst, MA-CT, RI
East Lansing, MI
St. Paul, MN
Jackson, MS
Columbia, MO
Bozeman, MT
Lincoln, NE
Carson City, NV
Mt. Holly, NJ
Albuquerque, NM
Syracuse, NY
Raleigh, NC
Bismarck, ND
Columbus, OH
Stillwater, OK
Portland, OR
Harrisburg, PA
Hato Rey, PR
Columbia, SC
Huron, SD
Nashville, TN
Temple, TX
Salt Lake City, UT
Montpelier, VT-NH, VI
Richmond, VA
Wenatchee, WA
Morgantown, WV
Stevens Point, WI
Casper, WY
The addresses of Local, Area, and State Offices are listed in the
telephone directory of the appropriate city or town under the heading
``United States Government, Department of Agriculture, Rural
Development,'' The Finance Office is located at 1520 Market Street, St.
Louis, Missouri 63103.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Present and former Rural Development applicants, borrowers,
grantees, tenants, and their respective household members, including
members of associations.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system includes files containing the names of applicants,
borrowers, grantees, tenants, their social security or employer
identification number, bank routing and account numbers; and their
respective household members' characteristics, such as gross and net
income, sources of income, capital, assets and liabilities, net worth,
age, race, number of dependents, marital status, reference material,
farm or ranch operating plans, and property appraisal. The system also
includes credit reports and personal references from credit agencies,
lenders, businesses, and individuals. In addition, a running record of
observation concerning the operations of the person being financed is
included. A record of deposits to and withdrawals from an individual's
supervised bank account is also contained in those files where
appropriate. In some Local Offices, this record is maintained in a
separate folder containing only information relating to activity within
supervised bank accounts. Some items of information are extracted from
the individual's file and placed in a card file for quick reference.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et. seq., 42 U.S.C. 1471 et seq., and 42 U.S.C. 2706.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USERS:
1. 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
statute or particular program statute, or by regulation, rule, or order
issued pursuant thereto, 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 statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative, or prospective responsibility of the receiving entity.
2. A record from this system of records may be disclosed to a
Member of Congress or to a congressional staff member in response to an
inquiry of the congressional office made at the written request of the
constituent about whom the record is maintained.
3. Rural Development will provide information from this system to
the U.S. Department of the Treasury and to other Federal agencies
maintaining debt servicing centers, in connection with overdue debts,
in order to participate in the Treasury Offset Program as required by
the Debt Collection Improvements Act, Pub. L. 104-134, section 31001.
4. Disclosure of the name, home address, and information concerning
default on loan repayment when the default involves a security interest
in tribal allotted or trust land. Pursuant to the Cranston-Gonzales
National Affordable Housing Act of 1990 (42 U.S.C. 12701 et seq.,)
liquidation may be pursued only after offering to transfer the account
to an eligible tribal member, the tribe, or the Indian housing
authority serving the tribe(s).
5. Referral of names, home addresses, social security numbers, and
financial information to a collection or servicing contractor,
financial institution, or a local, State, or Federal agency, when Rural
Development determines such referral is appropriate for servicing or
collecting the borrower's account or as provided for in contracts with
servicing or collection agencies.
6. It shall be a routine use of the records in this system of
records to disclose them in a proceeding before a court or adjudicative
body, when: (a)
[[Page 32183]]
The agency or any component thereof; or (b) any employee of the agency
in his or her official capacity; or (c) any employee of the agency in
his or her individual capacity where the agency has agreed to represent
the employee; or (d) the United States is a party to litigation or has
an interest in such litigation, and by careful review, the agency
determines that the records are both relevant and necessary to the
litigation, provided, however, that in each case, the agency determines
that disclosure of the records is a use of the information contained in
the records that is compatible with the purpose for which the agency
collected the records.
7. Referral of names, home addresses, and financial information for
selected borrowers to financial consultants, advisors, lending
institutions, packagers, agents, and private or commercial credit
sources, when Rural Development determines such referral is appropriate
to encourage the borrower to refinance his Rural Development
indebtedness as required by Title V of the Housing Act of 1949, as
amended (42 U.S.C. 1471), or to assist the borrower in the sale of the
property.
8. Referral of legally enforceable debts to the Department of the
Treasury, Internal Revenue Service (IRS), to be offset against any tax
refund that may become due the debtor for the tax year in which the
referral is made, in accordance with the IRS regulations at 26 CFR
301.6402-6T, Offset of Past Due Legally Enforceable Debt Against
Overpayment, and under the authority contained in 31 U.S.C. 3720A.
9. Referral of information regarding indebtedness to the Defense
Manpower Data Center, Department of Defense, and the United States
Postal Service for the purpose of conducting computer matching programs
to identify and locate individuals receiving Federal salary or benefit
payments and who are delinquent in their repayment of debts owed to the
U.S. Government under certain programs administered by Rural
Development in order to collect debts under the provisions of the Debt
Collection Act of 1982 (5 U.S.C. 5514) by voluntary repayment,
administrative or salary offset procedures, or by collection agencies.
10. Referral of names, home addresses, and financial information to
lending institutions when Rural Development determines the individual
may be financially capable of qualifying for credit with or without a
guarantee.
11. Disclosure of names, home addresses, social security numbers,
and financial information to lending institutions that have a lien
against the same property as Rural Development for the purpose of the
collection of the debt. These loans can be under the direct and
guaranteed loan programs.
12. Referral to private attorneys under contract with either Rural
Development or with the Department of Justice for the purpose of
foreclosure and possession actions and collection of past due accounts
in connection with Rural Development.
13. It shall be a routine use of the records in this system of
records to disclose them to the Department of Justice when: (a) The
agency or any component thereof; or (b) any employee of the agency in
his or her official capacity where the Department of Justice has agreed
to represent the employee; or (c) the United States Government, is a
party to litigation or has an interest in such litigation, and by
careful review, the agency determines that the records are both
relevant and necessary to the litigation and the use of such records by
the Department of Justice is therefore deemed by the agency to be for a
purpose that is compatible with the purpose for which the agency
collected the records.
14. Referral of names, home addresses, social security numbers, and
financial information to the Department of Housing and Urban
Development (HUD) as a record of location utilized by Federal agencies
for an automatic credit prescreening system.
15. Referral of names, home addresses, social security numbers, and
financial information to the Department of Labor, State Wage
Information Collection Agencies, and other Federal, State, and local
agencies, as well as those responsible for verifying information
furnished to qualify for Federal benefits, to conduct wage and benefit
matching through manual and/or automated means, for the purpose of
determining compliance with Federal regulations and appropriate
servicing actions against those not entitled to program benefits,
including possible recovery of improper benefits.
16. Referral of names, home addresses, and financial information to
financial consultants, advisors, or underwriters, when Rural
Development determines such referral is appropriate for developing
packaging and marketing strategies involving the sale of Rural
Development loan assets.
17. Rural Development, in accordance with 31 U.S. 3711(e)(5), will
provide to consumer reporting agencies or commercial reporting agencies
information from this system indicating that an individual is
responsible for a claim that is current.
18. Referral of names, home and work addresses, home telephone
numbers, social security numbers, and financial information to escrow
agents (which also could include attorneys and title companies)
selected by the applicant or borrower for the purpose of closing the
loan.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be
made from this system to consumer reporting agencies as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collections Act (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders at the Local, Area, State,
and National Offices. A limited subset of personal, financial, and
characteristics data required for effective management of the programs
and borrower repayment status is maintained on disc or magnetic tape at
the Finance Office. This subset of data may be accessed by the
authorized personnel from each office.
RETRIEVABILITY:
Records are indexed by name, identification number and type of loan
or grant. Data may be retrieved from the paper records or the magnetic
tapes. A limited subset of data is available through telecommunications
capability, ranging from telephones to intelligent terminals. All Rural
Development offices have the telecommunications capability available to
access this subset of data.
SAFEGUARDS:
Records are kept in locked offices at the Local, Area, State, and
National Offices. A limited subset of data is also maintained in a tape
and disc library and an on-line retrieval system at the Finance Office.
Access is restricted to authorized Rural Development personnel. A
system of operator and terminal passwords and code numbers is used to
restrict access to the on-line system. Passwords and code numbers are
changed as necessary.
RETENTION AND DISPOSAL:
Records are maintained subject to the Federal Records Disposal Act
of 1943 (44 U.S.C. 33), and in accordance with Rural Development's
disposal schedules. The Local, Area, State, and National Offices
dispose of records by shredding, burning, or other suitable disposal
methods after established retention periods have been fulfilled.
Finance Office records are disposed of
[[Page 32184]]
by overprinting. (Destruction methods may never compromise the
confidentiality of information contained in the records.)
Applications, including credit reports and personal references,
which are rejected, withdrawn, or otherwise terminated are kept in the
Local, Area, or State Office for 2 full fiscal years and 1 month after
the end of the fiscal year in which the application was rejected,
withdrawn, canceled, or expired. If final action was taken on the
application, including an appeal, investigation, or litigation, the
application is kept for 1 full fiscal year after the end of the fiscal
year in which final action was taken.
The records, including credit reports, of borrowers who have paid
or otherwise satisfied their obligation are retained in the Local,
Area, or State Office for 1 full fiscal year after the fiscal year in
which the loan was paid in full. Correspondence records at the National
Office which concern borrowers and applicants are retained for 3 full
fiscal years after the last year in which there was correspondence.
SYSTEM MANAGER(S) AND ADDRESS:
The Community Development Manager at the Local Office, the Rural
Development Manager at the Area Office, and the State Director at the
State Office, the Deputy Chief Financial Officer in St. Louis, MO, and
the respective Administrators in the National Office at the following
addresses: Administrator, Rural Housing Service, USDA, 1400
Independence Avenue, SW, Room 5014, South Building, Stop 0701,
Washington, DC 20250-0701; Administrator, Rural Business-Cooperative
Service, USDA, 1400 Independence Avenue, SW, Room 5045, South Building,
Stop 3201, Washington, DC 20250-3201; Administrator, Rural Utilities
Service, USDA, 1400 Independence Avenue, SW, Room 4501, South Building,
Stop 1510, Washington DC 20250-1510.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or determine whether the system contains records pertaining to
him/her, from the appropriate System Manager, If the specific location
of the record is not know, the individual should address his or her
request to: Rural Development, Freedom of Information Officer, United
States Department of Agriculture, 1400 Independence Avenue, SW., Stop
0742, Washington, DC 20250-0742.
A request for information pertaining to an individual must include
a name; an address; the Rural Development office where the loan or
grant was applied for, approved, and/or denied; the type of Rural
Development program; and the date of the request of approval.
RECORD ACCESS PROCEDURES:
Any individual may obtain information regarding the procedures for
gaining access to a record in the system which pertains to him or her
by submitting a written request to one of the System Managers.
CONTESTING RECORD PROCEDURES:
Same as record access procedures.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from the applicant,
borrower, grantee, or tenant. Credit reports and personal references
come primarily from credit agencies and creditors.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
USDA/RURAL DEVELOPMENT-2
SYSTEM NAME:
Biographical Sketch File.
SYSTEM LOCATION:
USDA/Rural Development, 1400 Independence Avenue, SW., Stop 0730,
Washington, DC 20250-0730.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All employees and former employees of Rural Development at or above
the Division Director level and all current and former Schedule C
employees and Senior Executive Service members.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of files containing information concerning
employee's educational and employment history, awards, marital status,
number of children, present employment, place of birth, and current
residence. The employee knows the file is maintained and has approved
the biography.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et seq., 42 U.S.C. 1471 et seq., and 5 U.S.C. 301.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
This information is furnished to the news media, congressional
committees, organizations to which the employee will be speaking, and
other interested parties.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders at the National Office.
RETRIEVABILITY:
Records are indexed by name.
SAFEGUARDS:
Records are kept in a building with full-time security.
RETENTION AND DISPOSAL:
Indefinite.
SYSTEM MANAGER(S) AND ADDRESSES:
Administrator, Rural Housing Service, USDA, 1400 Independence
Avenue, SW, Room 5014, South Building, Stop 0701, Washington, DC 20250-
0701; Administrator, Rural Business-Cooperative Service, USDA, 1400
Independence Avenue, SW, Room 5045, South Building, Stop 3201,
Washington, DC 20250-3201; Administrator, Rural Utilities Service,
USDA, 1400 Independence Avenue, SW, Room 4501, South Building, Stop
1510, Washington, DC 20250-1510.
NOTIFICATION PROCEDURE:
Any individual may request information concerning this system of
records, or information as to whether the system contains records
pertaining to him/her from the System Manager. A request for
information pertaining to an individual should contain: Name, address,
position(s) held in Rural Development, and dates of employment.
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to and contesting a record in the system which pertains
to him/her by submitting a written request to the System Manager.
CONTESTING RECORD PROCEDURES:
Same as record access procedures.
RECORD SOURCE CATEGORIES:
Information in this system is provided by the employee, or is taken
from his/her record with his/her concurrence.
USDA/Rural Development-3
SYSTEM NAME:
Graduation File.
SYSTEM LOCATION:
Each borrower's graduation file is located in the Local and Area
Offices through which the borrower obtained his loan, and, in some
cases, at the State Office responsible for that Local and Area Offices.
[[Page 32185]]
A list of State Offices and any additional States for which an
office is responsible is included under the system titled USDA/Rural
Development-1 Applicant, Borrower, Grantee, or Tenant File.'' The
addresses of State and Local Offices are listed in the telephone
directory of the appropriate city or town under the heading ``United
States Government, Department of Agriculture, Rural Development.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All Rural Development borrowers whose loans are eligible for review
to determine whether the borrower should obtain credit from other
sources. All borrowers who have been in debt for at least five years on
a real estate loan are considered eligible for review.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of files containing names of borrowers eligible
for review, type of loan, whether graduation is advisable and any
communications with the borrower concerning whether the loan has been
paid off or if the borrower is unable to refinance, as well as comments
of the Community Development Manager.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et seq., 42 U.S.C. 1471 et seq., and 5 U.S.C. 301.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. 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
statute or particular program statute, or by regulation, rule, or order
issued pursuant thereto, 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 statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity.
2. A record from this system of records may be disclosed to a
Member of Congress or to a congressional staff member in response to an
inquiry of the congressional office made at the written request of the
constituent about whom the record is maintained.
3. Referral of names, home addresses, and financial information for
selected borrowers to financial consultants, advisors, lending
institutions, packagers, agents, and private or commercial credit
sources, when Rural Development determines such referral is appropriate
to encourage the borrower to refinance his Rural Development
indebtedness as required by Title V of the Housing Act of 1949, as
amended (42 U.S.C. 1471), or to assist the borrower in the sale of the
property.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders.
RETRIEVABILITY:
Records are indexed by name.
SAFEGUARDS:
Records are kept in locked offices at all levels, and access is
restricted to authorized Rural Development officials.
RETENTION AND DISPOSAL:
Records are retained for three years after the list of borrowers
eligible for review was received by the Community Development Manager.
SYSTEM MANAGER(S) AND ADDRESS:
The Community Development Manager and the State Director at the
appropriate levels.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to him from the appropriate System Manager. If the specific
location of the record is not known, the individual should address a
request to the Freedom of Information Officer, Rural Development, USDA,
1400 Independence Avenue, SW., Stop 0742, Washington, DC 20250-0742. A
request for information pertaining to an individual should contain:
Name, address, State and county where loan was applied for or approved,
and particulars involved (i.e. date of request/approval, type of loan,
etc.).
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to him/her by
submitting a written request to one of the System Managers referred to
in the preceding paragraph.
CONTESTING RECORD PROCEDURES:
Same as access.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from the borrower.
USDA/Rural Development-4
SYSTEM NAME:
Housing Contractor Complaint File
SYSTEM LOCATION:
Complaints concerning housing contractors may be filed in the
Local, Area, and State Offices in any State, County or District in
which the contractor has conducted business.
A list of State Offices and any additional State for which an
office is responsible is included under the system titled ``USDA/Rural
Development-1 Applicant, Borrower, Grantee, or Tenant File.'' The
addresses of State and Local Offices are listed in the telephone
directory of the appropriate city or town under the heading ``United
States Government, Department of Agriculture, Rural Development.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All housing contractors who have performed work for Rural
Development borrowers and about whom the borrower has seen fit to file
a complaint.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of files containing borrowers' complaints
concerning contractors.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et seq., 42 U.S.C. 1471 et seq., and 5 U.S.C. 301.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
1. 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
statute or particular program statute, or by regulation, rule, or order
issued pursuant thereto, 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
that statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity.
2. It shall be a routine use of the records in this system of
records to disclose them in a proceeding before a court or adjudicative
body, when: (a) The agency or any component thereof, or (b) any
employee of the agency in his or her official capacity; or (c) any
[[Page 32186]]
employee of the agency in his or her individual capacity where the
agency has agreed to represent the employee; or (d) the United States
is a party to litigation or has an interest in such litigation, and by
careful review, the agency determines that the records are both
relevant and necessary to the litigation, provided, however, that in
each case, the agency determines that disclosure of the records is a
use of the information contained in the records that is compatible with
the purpose for which the agency collected the records.
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 the contractor or name of the construction
company.
SAFEGUARDS:
Records are kept in locked offices at all levels. Access at all
levels is restricted to authorized Rural Development officials.
RETENTION AND DISPOSAL:
Records are maintained subject to the Federal Records Disposal Act
of 1943 (44 U.S.C. 33) and in accordance with Rural Development's
disposal schedules. Records are retained for three years after the
fiscal year of the complaint.
SYSTEM MANAGER(S) AND ADDRESS:
The Community Development Manager at the Local Office level and the
State Director at the State Office level.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to him/her from the appropriate System Manager. If the
specific location of the record is not known, the individual should
address his/her request to the Freedom of Information Officer, Rural
Development, USDA, 1400 Independence Avenue, SW., Stop 0742,
Washington, DC 20250-0742. A request for information pertaining to an
individual should contain: Name, address, and location where work was
performed for Rural Development borrowers.
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to him/her by
submitting a written request to one of the System Managers referred to
in the preceding paragraph.
CONTESTING RECORD PROCEDURES:
Same as access.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from the complainants.
USDA/Rural Development-5
SYSTEM NAME:
Tort Claims File, USDA/Rural Development.
SYSTEM LOCATION:
Each claimant's file is located in the office of the employee
against whom the action was filed, the applicable State Office, and the
National Office. A list of State Offices and any additional States for
which an office is responsible is included under the system titled
``USDA/Rural Development-1 Applicant, Borrower, Grantee or Tenant
File.'' The addresses of State and Local Offices are listed in the
telephone directory of the appropriate city or town under the heading
``United States Government, Department of Agriculture, Rural
Development.'' The National Office is located at the following address:
USDA/Rural Development, 1400 Independence Avenue, SW., Stop 0742,
Washington, DC 20250-0742.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All claimants who have filed civil suits against employees of Rural
Development, or against the Federal Government, including those filed
under the Tort Claims Act, as a result of circumstances involving Rural
Development.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of files containing information as to the
circumstances of the loss for which the claimant is seeking relief,
opinions of the Office of General Counsel, USDA, and disposition of the
case.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et seq., 42 U.S.C. 1471 et seq., and 5 U.S.C. 301.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
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
statute or particular program statute, or by regulation, rule, or order
issued pursuant thereto, 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 statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity.
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 claimant's name.
SAFEGUARDS:
Records are kept in locked offices at all levels. Access at all
levels is restricted to authorized Rural Development officials.
RETENTION AND DISPOSAL:
Records are maintained subject to the Federal Records Disposal Act
of 1943 (44 U.S.C. 33) and in accordance with Rural Development's
disposal schedules. Records are retained for five years after the last
written report or document was placed in the file.
SYSTEM MANAGER(S) AND ADDRESS:
The Community Development Manager at the Local Office level, the
State Director at the State Office level and the respective
Administrators in the National Office at the following addresses:
Administrator, Rural Housing Service, USDA, 1400 Independence Avenue,
SW., Room 5014, South Building, Stop 0701, Washington, DC 20250-0701;
Administrator, Rural Business-Cooperative Service, USDA, 1400
Independence Avenue, SW., Room 5045, South Building, Stop 3201,
Washington, DC 20250-3201; Administrator, Rural Utilities Service,
USDA, 1400 Independence Avenue, SW, Room 4501, South Building, Stop
1510, Washington, DC 20250-1510.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to him/her from the appropriate System Manager. If the
specific location of the record is not known, the individual should
address his/her request to the Freedom of Information Officer, Rural
Development, USDA, 1400 Independence Avenue, SW., Stop 0742,
[[Page 32187]]
Washington, DC 20250-0742. A request for information pertaining to an
individual should contain: Name, address, defendant in the action and
date of the initiation of the action.
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to him/her by
submitting a written request to one of the System Managers referred to
in the preceding paragraph.
CONTESTING RECORD PROCEDURES:
Same as access.
RECORD SOURCE CATEGORIES:
Information in this file comes primarily from the claimant.
USDA/Rural Development-6
SYSTEM NAME:
Training Files.
SYSTEM LOCATION:
Training files may be located at the Rural Development National
Office, 501 School Street, SW., Washington, DC 20024.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All persons who have received or applied for training at the Rural
Development Training Center and other locations if such training was to
be at Rural Development expense.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name of individual, date(s) of training and course(s) taken or
applied for are included in this record.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et seq., 42 U.S.C. 1471 et seq., and 5 U.S.C. 301.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
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
statute or particular program statute, or by regulation, rule, or order
issued pursuant thereto, 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 statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders at the National Office.
RETRIEVABILITY:
Records are indexed by the name of the individual receiving/
applying for training.
SAFEGUARDS:
Records are kept in a locked office.
RETENTION AND DISPOSAL:
Retention is indefinite.
SYSTEM MANAGER(S) AND ADDRESS:
Administrator, Rural Housing, USDA, 1400 Independence Avenue, SW.,
Room 5014, South Building, Stop 0701, Washington, DC 20250-0701;
Administrator, Rural Business-Cooperative Service, USDA, 1400
Independence Avenue, SW., Room 5045, South Building, Stop 3201,
Washington, DC 20250-3201; Administrator, Rural Utilities Service,
USDA, 1400 Independence Avenue, SW., Room 4501, South Building, Stop
1510, Washington, DC 20250-1510.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to him/her from the appropriate System Manager. Requests
should include name and address.
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to him/her by
submitting a written request to the System Manager.
CONTESTING RECORD PROCEDURES:
Same as access.
RECORD SOURCE CATEGORIES:
Information in this system comes from the applicant.
USDA/Rural Development-7
SYSTEM NAME:
Travel Records.
SYSTEM LOCATION:
Each traveler's file is located in the Local Office or Area Office
in which he/she is employed; the State Office responsible for that
Local Office or Area Office; or in the National Office if the traveler
is employed at either of those levels.
A list of State Offices and any additional States for which an
office is responsible is included under the system titled ``USDA/Rural
Development-1 Applicant, Borrower, Grantee, or Tenant File.'' The
addresses of State, Local, and Area Offices are listed in the telephone
directory of the appropriate city or town under the heading ``United
States Government, Department of Agriculture, Rural Development.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All Rural Development employees and former employees whose travel
expenses have been paid for by Rural Development.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of files containing employees; itineraries and
travel vouchers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. 1921 et seq., 42 U.S.C. 1471 et seq., and 5 U.S.C. 301.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
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
statute or particular program statute, or by regulation, rule, or order
issued pursuant thereto, 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 statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders.
RETRIEVABILITY:
Records are indexed by name.
SAFEGUARDS:
Records are kept in locked offices at all levels. Access at all
levels is restricted to authorized Rural Development officials.
[[Page 32188]]
RETENTION AND DISPOSAL:
Records are maintained subject to the Federal Records Disposal Act
of 1943 (44 U.S.C. 33) and in accordance with Rural Development's
disposal schedules. Records are disposed of six years after the fiscal
year in which the travel occurred.
SYSTEM MANAGER(S) AND ADDRESS:
The Community Development Manager at the Local Office level, the
State Director at the State Office level, the Deputy Chief Financial
Officer for Finance Office records and the respective Administrators,
for the National Office files at the following addresses in the
National Office: Administrator, Rural Housing Service, USDA, 1400
Independence Avenue, SW., Room 5014, South Building, Stop 0701,
Washington, DC 20250-0701; Administrator, Rural Business-Cooperative
Service, USDA, 1400 Independence Avenue, SW., Room 5045, South
Building, Stop 3201, Washington, DC 20250-3201; Administrator, Rural
Utilities Service, USDA, 1400 Independence Avenue, SW., Room 4501,
South Building, Stop 1510, Washington, DC 20250-1510.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to him/her from the appropriate System Manager. If the
specific location of the record is not known, the individual should
address his/her request to the Freedom of Information Officer, Rural
Development, USDA, 1400 Independence Avenue, SW., Stop 0742,
Washington, DC 20250-0742. A request for information pertaining to an
individual should contain: Name, address, and dates and places of
employment.
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to him/her by
submitting a written request to one of the System Managers referred to
in the preceding paragraph.
CONTESTING RECORD PROCEDURES:
Same as access.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from the employee.
[FR Doc. 98-15753 Filed 6-11-98; 8:45 am]
BILLING CODE 3410-07-M
