[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Pages 38546-38553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19119]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / 
Notices  

[[Page 38546]]


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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 September 15, 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 August 
17, 1998.

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 Files'' is bend amended to indicate a 
change in the system designation 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 years'' under the retention and disposal schedule.

[[Page 38547]]

    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, DC 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
Gainsville, FL
Athens, GA
Hilo, HI-Western Pacific Terr.
Boise, ID
Champaign, IL
Indianapolis, IN
Des Monies, 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. Holy, 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
Wentchee, WA
Morgantown, WV
Stevens Point, WI
Casper, WY

    The address of Local, Area, and State Offices are listed in the 
telephone director of the appropriate city or town under the heading 
``United States Government, Department of Agriculture, Rural 
Development.'' The Financial 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 appraisals. The system also 
includes credit reports and personal references from credit agencies, 
lenders, businesses, and individuals. In addition, a running record of 
observation concerning the operations of the person being financed is 
included. A record of deposits to and withdrawals from an individual's 
supervised bank account is also contained in those files where 
appropriate. In some 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 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 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 38548]]

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.C. 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES.
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be 
made from this system to consumer reporting agencies as defined in the 
Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims 
Collection Act (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE: 
    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 by 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 38549]]

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 2050-1510.

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 known, 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 or 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:
    The 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:
    Recors 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 record 
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 recorded 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 38550]]

    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 
address of State and Local Offices are listed in the telephone 
directory or 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 debit 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 usable 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 proceeding 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 
the statue, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative, or prosecutive responsibility of 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 38551]]

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 38552]]

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 pertain to him/her by 
submitting a written request to the System Manager.

CONTESTING RECORD PROCEDURES:
    Same as access.

RECORDS 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 Finance 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 38553]]

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. 98-19119 Filed 7-16-98; 8:45 am]
BILLING CODE 3410-07-M