RD Instruction 2015-E

PART 2015 - INFORMATION

Subpart E - Availability of Information Under the Privacy Act

## TABLE OF CONTENTS

[Sec]{.underline}. [Page]{.underline}

2015.201 General purpose and scope. 1

2015.202 Delegation of authority and available assistance. 1

2015.203 Access to records. 1

2015.204 Legal basis for withholding information (exemptions 3

from disclosure)

2015.205 Amendment of records. 5

2015.206 Accounting for disclosure. 6

2015.207 Civil remedies. 6

2015.208 Criminal penalties. 6

2015.209 Fees. 7

2015.210 Exhibits. 7

2015.211 - 2015.250 \[Reserved\]

Exhibit A Privacy Act Regulations

Exhibit B Internal Directives

Exhibit C USDA/Rural Development Systems of Records

Exhibit D Privacy Act Waiver Provisions

Exhibit E The Privacy Act of 1974

(4-27-88) PN 83

RD Instruction 2015-E

PART 2015 - INFORMATION

Subpart E - Availability of Information Under the Privacy Act

§2015.201 [General purpose and scope]{.underline}.

The intent of the Privacy Act is to enable an individual to determine
what records Federal agencies possess that pertain to him/her; to
prevent the use of such records for improper purposes; and to review and
correct such records. The Privacy Act is also intended to require
Federal agencies to use care in collecting and maintaining information
relating to individuals and to make agencies and their employees subject
to suit for damages that occur as a result of violations of the Privacy
Act. The protections afforded and the rights conferred by the Privacy
Act extend only to \"individuals\" who are citizens of the United States
and aliens lawfully admitted for permanent residence, but do not extend
to nonresident aliens, foreign nationals, or fictional persons such as
corporations, proprietorships, and businesses.

§2015.202 [Delegation of authority and available
assistance]{.underline}.

The Freedom of Information Officer (FOIO), Freedom of Information/\
Privacy Act Specialist, and Management Analyst in the National Office,
each State Director, each State Administrative Officer/Administrative
Program Chief, District Director, and County Supervisor are authorized
to act, respectively, at the National, State, District, and County level
on behalf of Rural Development on all requests for materials and
records. Administrative Officers and Program Chiefs in each State Office
will provide administrative and technical support regarding Privacy Act
matters to field offices. All employees are advised that assistance is
readily available, upon request, from their State Office, the National
Office, and the Office of the General Counsel (OGC). (Revised 01-26-94,
PN 218.)

§2015.203 [Access to records]{.underline}.

Rural Development employees and program applicants, borrowers, and
grantees must be afforded the opportunity to inspect and photocopy their
records or any information pertaining to them that is in a \"System of
Records\" and is in the custody of the Agency when requested. There is a
Privacy Act exemption to the release of information contained in an
individual\'s Privacy Act record that has been compiled in reasonable
anticipation of litigation. Thus, particular scrutiny should be given to
any information that is responsive to a request but that consists of an
investigative report, tort claim, or communication with the Office of
Inspector General (OIG) or with the OGC. Rural Development employees
should not release information concerning other employees, applicants,
or borrowers to the general public or employees of agencies other than
the United States Department of Agriculture (USDA) without consulting
with the FOIO, unless written

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DISTRIBUTION: WSDC Administration

Information

## 1

## (Revision 1)

(4-27-88) PN 83

RD Instruction 2015-E

§2015.203 (Con.)

consent of the individual is obtained before the release of any such
information. In addition, there is a well-recognized privacy interest in
protecting both the identity of individuals who provide information to
the Agency and the content of the information provided under an
expressed promise of confidentiality, particularly where informants
reasonably fear reprisal.

\(a\) When Rural Development employees are interviewed unexpectedly or
during news media coverage of a controversial action, care should be
taken to couch comments in general terms relating to program objectives
and positive program accomplishments. Avoid specific information and
details of individual borrower or applicant cases.

\(b\) If news media groups or individuals persist in wanting specific
information regarding individual applicant or borrower cases, Rural
Development employees should obtain from applicants or borrowers a
written waiver of their rights in accordance with the Privacy Act of
1974 before releasing any such information. (See Exhibit D of this
Instruction.) If a waiver is obtained, Rural Development employees
should be prepared to discuss relevant material regarding the case in
question. Items of importance say be past production as compared to
county or State averages, delinquencies, total debt as it relates to
repayment ability and/or unauthorized disposition of secured property or
proceeds. If a controversy concerning a particular case is anticipated,
the County Supervisor should prepare the information in advance and have
it readily available. Rural Development employees should not express
their opinions or beliefs in regard to the particular case in question.
Comments must be limited to \"statements of fact.\"

\(c\) In the event the Agency receives a request pursuant to the Privacy
Act for access to medical records (including psychological records), and
it determines that their disclosure would be harmful to the individual
to whom they relate, it may refuse to disclose the records directly to
the requester but must transmit them to a doctor designated by that
individual.

\(d\) If the Agency withholds any of the individual\'s records, it must
state which statutory exemption it is claiming as a justification. Many
records which might be exempt from disclosure under the Privacy Act are,
however, available pursuant to the Freedom of Information Act (FOIA).
This is why many requests for disclosure cite both statutes. Thus, if
denial is contemplated, it is not sufficient for the Agency to cite a
Privacy Act exemption alone. It must also cite an appropriate exemption
under the FOIA.

## 2

## (Revision 1) 

RD Instruction 2015-E

§ 2015.203 (Con.)

\(e\) Upon request from an individual for access to records pertaining
to himself or herself, the Agency, subject to applicable exemptions
found in § 2015.204 of this subpart, must:

\(1\) inform the individual whether it has such records;

\(2\) permit the individual to review the records if they exist;

\(3\) permit the individual to be accompanied by a person of his/her
choosing at the review; and,

\(4\) permit the individual to obtain a copy of all or any portions of
such records in a comprehensible format.

\(f\) The Privacy Act prohibits general disclosure of any record in a
system of records to any person other than the subject individual unless
the subject individual consents. This provision, which is subject to 12
enumerated exemptions in the Act, was intended to give the individual
who is the subject of the record assurance against uncontrolled
dissemination of personal data. (Revised 10-09-02, PN 351.)

§ 2015.204 [Legal basis for withholding information (exemptions from
disclosure)]{.underline}.

Except for certain medical records discussed in § 2015.203 of this
subpart, and the mandatory nondisclosures under 5 U.S.C. 552a(b) general
rule which \"would constitute a clearly unwarranted invasion of personal
privacy,\" there is only one Privacy Act exemption invoked by Rural
Development in denying a request for Privacy Act records. This exemption
is 5 U.S.C. 552a(d)(5). (Revised 10-09-02, PN 351.)

\(a\) 5 U.S.C. 552a(d)(5) - \"Nothing in this section shall allow an
individual access to any information compiled in reasonable anticipation
of a civil action or proceeding.\" This ground for denial is relevant to
material Rural Development has \"compiled in reasonable anticipation of
a civil action or proceeding\" where such information is developed
relative to a problem case for which Rural Development intends to seek
litigation. It should also be invoked where there is a request for a
tort claim file, for investigative reports from the OIG, or where
communications with the OIG or OGC are responsive to a request.\
(Revised 10-09-02, PN 351.)

## 3

## (Revision 1)

(4-27-88) PN 83

RD Instruction 2015-E

## THIS PAGE IS BLANK

## 4

## (Revision 1) 

RD Instruction 2015-E

§ 2015.205 [Amendment of records]{.underline}.

The standard for amending records is set forth in U.S.C. 552a(e)(5),
which requires records to be accurate, relevant, timely, and as complete
as is reasonably necessary to assure fairness in determinations about
the individual made on the basis of the records. The amendment
provisions relate to factual errors only. If the record contains a
statement of opinion that the requestor believes is inaccurate, it is
not subject to amendment on request. When a request has been made, not
to amend a record, but rather to delete information from a file, the
applicable standard is found in 5 U.S.C. 552a(e)(l) of the Act, which
requires that information contained in Federal records be relevant and
necessary to accomplish a purpose of the agency required to be
accomplished by statute or by executive order of the President.

\(a\) The Agency must give a written acknowledgement of a request for
amendment of records within 10 business days of receipt of the request.
Promptly thereafter, the Agency must either make the requested
correction or inform the individual of its refusal to amend the record.
If the Agency refuses amendment, it should state the reason for the
refusal, set out the procedures whereby a request for review of the
refusal may be made, and provide the name and address of the appropriate
Rural Development Administrator to whom the appeal should be addressed.
(Revised 10-09-02, PN 351.)

\(b\) The Agency must make a final determination on the request for
review within 30 days. If, after review, the Agency determines not to
amend the record, it must permit the individual to file a concise
statement setting forth the reasons for disagreement with the Agency\'s
refusal to amend and notify the individual of the provisions for
judicial review of the refusal under 5 U.S.C. 552a(g)(l)(A) of the Act.

## 5

## (Revision 1)

(4-27-88) PN 83

RD Instruction 2015-E

§ 2015.206 [Accounting for disclosure]{.underline}.

A written accounting will be made of all disclosures made by Rural
Development and will be retained as part of the record from which
disclosure was made. This accounting, which will be retained for five
years or the life of the record, whichever is longer, will include the
name and address of the person or agency to whom the disclosure was made
and the date, nature, and purpose of each disclosure. (Revised 10-09-02,
PN 351.)

§ 2015.207 [Civil remedies]{.underline}.

The Privacy Act authorizes individuals to bring injunctive actions to
enforce access and amendment rights. An individual may also sue to
recover damages when adversely affected by the Agency\'s failure to
comply with any provision of the Act or implementing regulation. By
providing for these civil actions, Congress sought to ensure that
individuals would have ready access to the courts.

\(a\) The civil actions provided for in the Act may be brought only
against the Agency itself or against the Administrator in his official
capacity. Civil suit may not be brought against subordinate Agency
officials.

\(b\) The Act provides that actions seeking damages, as opposed to those
seeking injunctive relief, may be filed in two situations: (1) where the
Agency has failed to maintain a record relating to an individual in an
accurate, relevant, timely, and complete manner, and the individual has
been adversely affected by a determination made on the basis of the
record relating to his or her qualifications, character, rights,
opportunities, or benefit, and (2) where an individual is adversely
affected by the Agency\'s failure to comply with any provision of the
Act or any rule promulgated under the Act. Adverse effect includes not
only monetary damage, but also nonpecuniary and nonphysical harm such as
mental distress or embarrassment.

\(c\) In order to actually recover damages, however, the Act requires a
showing that the Agency\'s action was intentional or willful. If such a
showing is made, the court must award both (1) actual damages or
\$1,000, whichever is higher, and (2) the complainant\'s cost of
bringing the action and reasonable attorney fees. Punitive damages may
not be imposed.

§ 2015.208 [Criminal penalties]{.underline}.

In addition to civil remedies, the Act creates three criminal offenses
and classifies each of them as a misdemeanor subject to a maximum fine
of \$5,000. Specifically, the Act makes it unlawful:

## 6

## (Revision 1) 

RD Instruction 2015-E

§ 2015.208 (Con.)

\(a\) for any Agency officer or employee to knowingly and willfully
disclose individually identifiable information, the disclosure of which
is prohibited by the Act or rules or regulations promulgated under the
Act, to any person or Agency not entitled to receive it;

\(b\) for any Agency officer or employee to willfully maintain a system
of records without meeting the notice requirements of the Act; or

\(c\) for any person to knowingly and willfully request or obtain any
record concerning an individual from the Agency under false pretenses.

§ 2015.209 [Fees]{.underline}.

Fees can only be charged for the duplication of the records at \$.20 per
page, minus the charge for the first 100 reproduced pages. No fees will
be charged for the time it takes to search for records, or for the time
it takes to review the records to determine if any exemptions apply, or
to a requester who sought to make a physical inspection but is instead
provided copies at the discretion of the Agency. We will waive all fees
in all circumstances where the amount of the fee is \$25.00 or less.
(Revised 10-09-02, PN 351.)

§ 2015.210 [Exhibits]{.underline}.

Exhibits A an B are Departmental Regulations published in the Federal
Register as part of Title 7 of the Code of Federal Regulations. Exhibit
C consists of a summary of Rural Development Systems of Records
published in the Federal Register as Privacy Act Issuances. Exhibit D
may be used to secure permission to release Privacy Act records. Exhibit
E is the Privacy Act of 1974. The Exhibits provide material necessary
for proper administration of the Act.

§ 2015.211 - 2015.250 \[Reserved\]

ATTACHMENTS: Exhibits A,B,C,D, and E

## 7

## (Revision 1)

(4-27-88) PN 83

RD Instruction 2015-E

Exhibit A

Privacy Act Regulations

Sec.

1.110 Purpose and scope.

1.111 Definitions.

1.112 Procedures for requests pertaining to individual records in a\
record system.

1.113 Times, places, and requirements for identification of individuals\
making requests.

1.114 Disclosure of requested information to individuals.

1.115 Special procedures: Medical records.

1.116 Request for correction or amendment to record.

1.117 Agency review of request for correction or amendment of record.

1.118 Appeal of initial adverse agency determination on correction or\
amendment.

1.119 Disclosure of record to person other than the individual to whom
it\
pertains.

1.120 Fees.

1.121 Penalties.

AUTHORITY: 5 U.S.C. 552a.

Privacy Act Regulations

§1.110 [Purpose and scope]{.underline}.

This subpart contains the regulations of the U.S. Department of
Agriculture (USDA) implementing the Privacy Act of 1974 (5 U.S.C. 552a).
It sets forth the basic responsibilities of each agency of USDA with
regard to USDA\'s compliance with the requirements of the Act, and
offers guidance to members of the public who wish to exercise any of the
rights established by the Act with regard to records maintained by an
agency of USDA.

§1.111 [Definitions]{.underline}.

For the purpose of this subpart the terms \"individual,\" \"maintain,\"
\"record,\" \"system of records,\" \"statistical record,\" and \"routine
use\" shall have the meanings set forth in 5 U.S.C. 552a(a). The term
\"agency\" shall mean an agency of USDA, unless otherwise indicated.

(3-3-76) PN 507

RD Instruction 2015-E

Exhibit A

Page 2

§1.112 [Procedures for requests pertaining to individual records in a
record system]{.underline}.

a\) Any individual who wishes to be notified if a system of records
maintained by an agency contains any record pertaining to him, or to
request access to such records, shall submit a written request in
accordance with the instructions set forth in the system notice for that
system of records. This request shall include:

\(1\) The name of the individual making the request;

\(2\) The name of the system of records (as set forth in the system
notice to which the request relates);

\(3\) Any other information specified in the system notice; and

\(4\) When the request is one for access, a statement as to whether the
requester desires to make a personal inspection of the records, or be
supplied with copies by mail.

\(b\) Any individual whose request under paragraph (a) of this section
is denied may appeal that denial to the head of the agency which
maintains the system of records to which the request relates.

\(c\) In the event that an appeal under paragraph (b) of this section is
denied, the requester may bring a civil action in federal district court
to seek review of the denial.

§1.113 [Times, places, and requirements for identification of
individuals making requests]{.underline}.

\(a\) If an individual submitting a request for access under §1.112 has
asked that an agency authorize a personal inspection of records
pertaining to him, and the agency has granted that request, the
requester shall present himself at the time and place specified in the
agency\'s response or arrange another mutually convenient time with the
appropriate agency official.

\(b\) Prior to inspection of the records, the requester shall present
sufficient identification (e.g., driver\'s license, employee
identification card, social security card, credit cards) to establish
that he is the individual to whom the records pertain. If the requester
is unable to provide such identification, he shall complete and sign in
the presence of an agency official a signed statement asserting his
identity and stipulating that he understands that knowingly or

RD Instruction 2015-E

Exhibit A

Page 3

willfully seeking or obtaining access to records about another
individual under false pretenses is a misdemeanor punishable by fine up
to \$5,000. No identification shall be required, however, when the
records are ones whose disclosure is required by 5 U.S.C. 552.

\(c\) Any individual who has requested access to records about him via
personal inspection, and who wishes to have another person or persons
accompany him during this inspection, shall submit a written statement
authorizing disclosure of the record in their presence.

\(d\) Any individual having made a personal inspection of records
pertaining to him may request the agency to provide him copies of those
records of any portion thereof. Each agency shall grant such requests
but may charge fees in accordance with §1.120.

\(e\) If an individual submitting a request for access under §1.112
wishes to be supplied with copies of the records by mail, he shall
include with his request sufficient data for the agency to verify his
identity. If the sensitivity of the records warrant it, however, the
agency to which the request is directed may require the requester to
submit a signed, notarized statement indicating that he is the
individual to whom the records pertain and stipulating he understands
that knowingly or willfully seeking or obtaining access to records about
another individual under false pretenses is a misdemeanor punishable by
fine up to \$5,000. No identification shall be required, however, when
the records are ones whose disclosure is required by 5 U.S.C. 552. If
the agency to which this request is directed determines to grant the
requested access, it may charge fees in accordance with §1.120 before
making the necessary copies.

§1.114 [Disclosure of requested information to individuals]{.underline}.

\(a\) Any agency which receives a request or appeal under §1.112 should
acknowledge the request or appeal within 10 days of its receipt
(excluding Saturdays, Sundays, and legal public holidays). Wherever
practicable, the acknowledgement should indicate whether or not access
will be granted and, if so, when and where. When access is to be
granted, the agency should provide the access within 30 days of receipt
of the request or appeal (excluding Saturdays, Sundays and legal public
holidays) unless, for good cause shown, it is unable to do so. If the
agency is unable to meet this deadline, it shall inform the requester of
this fact, the reasons for its inability to do so, and an estimate of
the date on which access will be granted.

(3-3-76) PN 507

RD Instruction 2015-E

Exhibit A

Page 4

\(b\) Nothing in 5 U.S.C. 552a or this subpart shall be interpreted to
require that an individual making a request under §1.112 be granted
access to the physical record itself. The form in which a record is kept
(e.g., on magnetic tape), or the content of the record (e.g., a record
indexed under the name of the requester may contain records which are
not about the requester) may require that the record be edited or
translated in some manner. Neither of these procedures may be utilized,
however, to withhold information in a record about the requester.

\(c\) No agency shall deny any request under §1.112 for information
concerning the existence of records about the requester in any system of
records it maintains, or deny any request for access to records about
the requester in any system of records it maintains, unless that system
is exempt from the requirements of 5 U.S.C. 552a(d).

\(d\) If an agency receives a request pursuant to §1.112(a) for access
to records in a system of records it maintains which is so exempted, the
system manager shall determine if the exemption is to be asserted. If he
determines to deny the request, he shall inform the requester of that
determination, the reason for the determination, and the title and
address of the agency head to whom the denial can be appealed.

\(e\) If the head of an agency determines that an appeal pursuant to
§1.112(b) is to be denied, he shall inform the requester of that
determination, the reason therefore, and his right under 5 U.S.C.
552a(g) to seek judicial review of the denial in federal district court.

\(f\) Nothing in 5 U.S.C. 552a or this subpart shall allow an individual
access to any information compiled in reasonable anticipation of a civil
action or proceeding.

§1.115 [Special procedures: Medical records]{.underline}.

In the event an agency receives a request pursuant to §1.112 for access
to medical records (including psychological records) whose disclosure it
determines would be harmful to the individual to whom they relate, it
may refuse to disclose the records directly to the requester but shall
transmit them to a doctor designated by that individual.

§1.116 [Request for correction or amendment to record]{.underline}.

\(a\) Any individual who wishes to request correction or amendment of
any record pertaining to him contained in a system of records maintained
by an agency shall submit that request in writing in accordance with the
instructions set forth in the system notice for that system of records.
This request shall include:

RD Instruction 2015-E

Exhibit A

Page 5

\(1\) The name of the individual making the request;

\(2\) The name of the system of records (as set forth in the system
notice to which the request relates);

\(3\) A description of the nature (e.g., modification, addition, or
deletion) and substance of the correction or amendment requested; and

\(4\) Any other information specified in the system notice.

\(b\) Any individual submitting a request pursuant to paragraph (a) of
this section shall include sufficient information in support of that
request to allow the agency to which it is addressed to apply the
standards set forth in 5 U.S.C. 552a(e)(l) and (5).

\(c\) Any individual whose request under paragraph (a) of this section
is denied may appeal that denial to the head of the agency which
maintains the system of records to which the request relates.

\(d\) In the event that an appeal under paragraph (c) of this section is
denied, the requester may bring a civil action in federal district court
to seek review of the denial.

§1.117 [Agency review of request for correction or amendment of
record]{.underline}.

\(a\) Any agency which receives a request for amendment or correction
under §1.116 shall acknowledge that request within 10 days of its
receipt (excluding Saturdays, Sundays and legal public holidays). It
shall also promptly, either:

\(1\) Make any correction, deletion or addition with regard to any
portion of a record which the requester believes is not accurate,
relevant, timely or complete; or

\(2\) Inform the requester of its refusal to amend the record in
accordance with his request; the reason for the refusal; the procedures
whereby he can appeal the refusal to the head of the agency; and the
title and business address of that official. If the agency informs the
requester of its determination within the 10-day deadline, a separate
acknowledgement is not required,

\(b\) If an agency is unable to comply with either paragraphs (a) (1) or
(2) of this section within 30 days of its receipt of a request for
correction or amendment, (excluding Saturdays, Sundays and legal public
holidays), it should inform the requester of that fact, the reasons
therefore, and the approximate date on which a determination will be
reached.

(3-3-76) PN 507

RD Instruction 2015-E

Exhibit A

Page 6

\(c\) In conducting its review of a request for correction or amendment,
each agency shall be guided by the requirements of 5 U.S.C. 552a(e)(l)
and (5).

\(d\) If an agency determines to grant all or any portion of a request
for correction or amendment, it shall:

\(1\) Advise the individual of that determination;

\(2\) Make the requested correction or amendment; and

\(3\) Inform any person or agency outside USDA to whom the record has
been disclosed, and where an accounting of that disclosure is maintained
in accordance with 5 U.S.C. 552a(c), of the occurrence and substance of
the correction or amendments.

\(e\) If an agency determines not to grant all or any portion of a
request for correction or amendment, it shall:

\(1\) Comply with paragraph (d) of this section with regard to any
correction or amendment which is made;

\(2\) Advise the requester of its determination and the reasons
therefore;

\(3\) Inform the requester that he may appeal this determination to the
head of the agency which maintains the system of records; and

\(4\) Describe the procedures for making such an appeal, including the
title and business address of the official to whom the appeal is to be
addressed.

\(f\) In the event that an agency receives a notice of correction or
amendment to information in a record contained in a system of records
which it maintains, it shall comply with paragraphs (d)(2) and (3) of
this section in the same manner as if it had made the correction or
amendment itself.

§1.118 [Appeal of initial adverse agency determination on correction or
amendment]{.underline}.

\(a\) Any individual whose request for correction or amendment under
§1.116 is denied, and who wishes to appeal that denial, shall address
such appeal to the head of the agency which maintains the system of
records to which the request relates, in accordance with the procedures
set forth in the agency\'s initial denial of the request.

RD Instruction 2015-E

Exhibit A

Page 7

\(b\) The head of each agency shall make a final determination with
regard to an appeal submitted under paragraph (a) of this section not
later than 30 days (excluding Saturdays, Sundays and legal public
holidays) from the date on which the individual requests a review,
unless, for good cause shown, the head of the agency extends this 30-day
period and so notifies the requester, together with an estimate of the
date on which a final determination will be made. Such extension should
be utilized only in exceptional circumstances and should not normally
exceed 30 days. The delegation of authority set forth in this paragraph
may not be redelegated.

\(c\) In conducting his review of an appeal submitted under paragraph
(a) of this section, the head of an agency shall be guided by the
requirements of 5 U.S.C. 552a(e)(l) and (5).

\(d\) If the head of an agency determines to grant all or any portion of
an appeal submitted under paragraph (a) of this section, he shall inform
the requester and the agency shall comply with the procedures set forth
in §1.117(d)(2) and (d)(3).

\(e\) If the head of an agency determines in accordance with paragraph
(c) of this section not to grant all or any portion of an appeal
submitted under paragraph (a) of this section, he shall inform the
requester:

\(1\) Of this determination and the reasons therefore;

\(2\) Of the requester\'s right to file a concise statement of his
reasons for disagreeing with the agency\'s decision;

\(3\) Of the procedures for filing such a statement of disagreement;

\(4\) That such statements of disagreement will be made available to
anyone to whom the record is subsequently disclosed, together with (if
the agency deems it appropriate) a brief statement by the agency
summarizing its reasons for refusing to amend the record;

\(5\) That prior recipients of the disputed record will be provided with
a copy of the statement of disagreement, together with (if the agency
deems it appropriate) a brief statement of the agency\'s reasons for
refusing to amend the record, to the extent that an accounting of
disclosures is maintained under 5 U.S.C. 552a(c); and

\(6\) Of the requester\'s right to seek judicial review of the agency\'s
determination in accordance with 5 U.S.C. 552a(g). The agency shall
insure that any statements of disagreement submitted by the requester
are handled in accordance with paragraphs (e)(4) and (5) of this
section.

(3-3-76) PN 507

RD Instruction 2015-E

Exhibit A

Page 8

§1.119 [Disclosure of record to person other than the individual to whom
ii pertains]{.underline}.

No agency shall disclose any record which is contained in a system of
records it maintains, by any means of communication to any person, or to
another agency outside USDA, except pursuant to a written request by, or
with the prior written consent of, the individual to whom the record
pertains, unless the disclosure is authorized by one or more provisions
of 5 U.S.C. 552a(b).

§1.120 [Fees]{.underline}.

Any agency which provides copies of records pursuant to a request under
this subpart may charge fees for the direct costs of producing such
copies in accordance with Appendix A to Subpart A of this Part. No
agency, however, shall charge any fee for searches necessary to locate
records. Nor shall an agency charge any fees for copies or searches,
when the requester sought to make a personal inspection but was provided
copies instead at the discretion of the agency.

§1.121 [Penalties]{.underline}.

The criminal penalties which have been established for violations of the
Privacy Act of 1974 are set forth in 5 U.S.C. 552a(i). These penalties
are applicable to any officer or employee of an agency who commits any
of the enumerated acts. These penalties also apply to contractors and
employees of such contractors who enter into contracts with an agency of
USDA on or after September 27, 1975, and who are considered to be
employees of the agency within the meaning of 5 U.S.C. 552a(m).

## oOo 

RD Instruction 2015-E

Exhibit B

Internal Directives

Sec. 1 [General Requirements]{.underline}. Each agency that maintains a
system of records subject to 5 U.S.C. 552a and the regulations of this
subpart shall:

\(a\) Maintain in its records only such information about an individual
as is relevant and necessary to accomplish a purpose of the agency
required to be accomplished by statute or by executive order of the
President;

\(b\) Collect information to the greatest extent practicable directly
from the subject individual when the information may result in adverse
determinations about an individual\'s rights, benefits, and privileges
under Federal programs;

\(c\) Inform each individual whom it asks to supply information, on the
form which it uses to collect the information, or on a separate form
that can be retained by the individual:

\(1\) The authority (whether granted by statute, or by executive order
of the President) which authorizes the solicitation of the information
and whether disclosure of such information is mandatory or voluntary;

\(2\) The principal purpose or purposes for which the information is
intended to be used;

\(3\) The routine uses which may be made of the information, as
published pursuant to paragraph (d)(4) of this section; and

\(4\) The effects on him, if any, of not providing all or part of the
requested information.

\(d\) Subject to the provisions of section 2 of this appendix, prepare
for publication in the Federal Register at least annually a notice of
the existence and character of each system it maintains, which notice
shall include:

\(1\) The name and location(s) of the system;

\(2\) The categories of individuals on whom records are maintained in
the system;

(3-3-76) PN 507

RD Instruction 2015-E

Exhibit B

Page 2

\(3\) The categories of records maintained in the system;

\(4\) Each routine use of the records contained in the system, including
the categories of uses and the purpose of such use;

\(5\) The policies and practices of the agency regarding storage,
retrievability, access controls, retention, and disposal of the records;

\(6\) The title and business address of the agency official who is
responsible for the system of records;

\(7\) The agency procedures whereby an individual can be notified at his
request if the system of records contains a record pertaining to him;

\(8\) The agency procedures whereby an individual can be notified at his
request how he can gain access to any record pertaining to him contained
in the system of records, and how he can contest its content; and

\(9\) The categories of sources of records in the system.

\(e\) Maintain all records which are used by the agency in making any
determination about any individual with such accuracy, relevance,
timeliness and completeness as is reasonably necessary to assure
fairness to the individual in the determination;

\(f\) Prior to disseminating any record about an individual to any
person other than an agency, unless the dissemination is made pursuant
to 5 U.S.C. 552a(b)(2), make reasonable efforts to assure that such
records are accurate, complete, timely and relevant for agency purposes;

\(g\) Maintain no record describing how any individual exercises rights
guaranteed by the first Amendment unless expressly authorized by statute
or by the individual about whom the record is maintained, or unless
pertinent to and within the scope of an authorized law enforcement
activity;

\(h\) Make reasonable efforts to serve notice on an individual when any
record on such an individual is made available to any person under
compulsory legal process when such process becomes a matter of public
record;

RD Instruction 2015-E

Exhibit B - Page 3

\(i\) Establish rules of conduct for persons involved in the design,
development, operation or maintenance of any system of records, or in
maintaining any record and instruct each such person with respect to
such rules and the requirements of this section, including any other
rules and procedures adopted pursuant to this section and the penalties
for noncompliance;

\(j\) Establish appropriate administrative, technical and physical
safeguards to insure the security and confidentiality of records and to
protect against any anticipated threats or hazards to their security or
integrity which could result in substantial harm, embarrassment,
inconvenience or unfairness to any individual on whom information is
maintained.

Sec. 2 [Amendment of routine use for an existing system of records, or
establishment of a new system of records]{.underline}.

\(a\) Any agency which intends to add a routine use, or amend an
existing one, in a system of records it maintains, shall, in accordance
with 5 U.S.C. 552a(e)(ll), insure that 30 days advance notice of such
action is given by publication in the Federal Register and an
opportunity provided for interested persons to submit written data,
views or arguments to the agency.

\(b\) Any agency which intends to establish a new system of records, or
to alter any existing system of records, shall insure that adequate
advance notice is provided to Congress and the Office of Management and
Budget to permit an evaluation of the probable or potential effect of
such action on the privacy and other personal or property rights of
individuals or the disclosure of information relating to such
individuals, and its effect on the preservation of the constitutional
principles of federalism and separation of powers. Such notice is
required for any new system of records and for any alteration in an
existing one which will:

\(1\) Increase the number or types of individuals on whom records are
maintained;

\(2\) Expand the type or amount of information maintained;

\(3\) Increase the number or categories of agencies or other persons who
may have access to those records;

(3-3-76) PN 507

RD Instruction 2015-E

Exhibit B - Page 4

\(4\) Alter the manner in which the records are organized so as to
change the nature or scope of those records (e.g., the combining of two
or more existing systems);

\(5\) Modify the way the system operates at its location(s) in such a
manner as to alter the procedures under which individuals can exercise
their rights under this subpart; or

\(6\) Change the equipment configuration on which the system is operated
so as to create the potential for greater access (e.g., adding a
telecommunications capability).

Sec. 3 [Accounting of Certain Disclosures]{.underline}. Each agency,
with respect to each system of records under its control, shall:

\(a\) Except for disclosures made under 5 U.S.C. 552a(b)(l) and (2),
keep an accurate account of:

\(1\) The date, nature, and purpose of each disclosure of a record to
any person or agency outside the Department; and

\(2\) The name and address of the person or agency to whom the
disclosure is made.

\(b\) Retain the accounting made under paragraph (a) of this section for
the longer of a period of five years after the date of the disclosure
for which the accounting is made or the life of the record disclosed;

\(c\) Except for disclosures made under 5 U.S.C. 552a(b)(7), make the
accounting above available to the individual named in the record at his
request.

Sec. 4 [Government Contractors]{.underline}. When an agency within the
Department provides by a contract for the operation by or on behalf of
the agency of a system of records to accomplish an agency function, the
agency shall, consistent with its authority, cause the requirements of
this subpart to be applied to such system. For purposes of 5 U.S.C.
552a(i) any such contractor or any employee of such contractor, if such
contract is agreed to on or after September 27, 1975, shall be
considered to be an employee of an agency and therefore subject to the
criminal penalties set forth in that section.

RD Instruction 2015-E

Exhibit B - Page 5

Sec. 5 [Mailing Lists]{.underline}. No agency within the Department
shall sell or rent any individual\'s name and address unless such action
is specifically authorized by law. This section shall not be construed
to require, or to authorize, the withholding of names and addresses
whose disclosure is required by 5 U.S.C. 552.

Sec. 6 [Social Security Account Numbers]{.underline}.

\(a\) No agency shall deny, or permit any State or local government with
whom it is involved in a cooperative venture to deny, to any individual
any right, benefit or privilege provided by law because of such
individual\'s refusal to disclose his social security account number.

\(b\) The provisions of paragraph (a) of this section shall not apply
with respect to:

\(1\) Any disclosure required by Federal statute; or

\(2\) Any disclosure to any agency relating to a system of records it
maintained prior to January 1, 1975, if such disclosure was required
under statute or regulation adopted prior to that date, to verify the
identity of an individual.

\(c\) Any agency in the Department which requests an individual to
disclose his social security account number shall inform that individual
whether the disclosure is mandatory or voluntary, by what statutory or
other authority the number is solicited and what uses will be made of
it. The agency also insure that this information is provided by a State
or local government with whom it is involved in a cooperative agreement.

Sec. 7 [Annual Report]{.underline}. Each agency in the Department shall
submit to the Office of the General Counsel prior to March 30 of each
year (beginning March 30, 1976) a report containing the following
information related to implementation of 5 U.S.C. 552a:

\(a\) A summary of major accomplishments;

\(b\) A summary of major plans for activities in the upcoming year;

\(c\) A list of the systems which were exempted during the year from any
of the operative provisions of this subpart pursuant to 5 U.S.C. 552a(j)
and (k), whether or not the exemption was effected during that year, the
number of instances with respect to each system exempted in which the
exemption was invoked to deny access, and the reasons for invoking the
exemption;

(3-3-76) PN 507

RD Instruction 2015-E

Exhibit B

Page 6

\(d\) A brief summary of changes to the total inventory of personal data
systems subject to this subpart including reasons for major changes; and

\(e\) A general description of operational experiences including
estimates of the number of individuals (in relation to the total number
of records in the system):

\(1\) Requesting information on the existence of records pertaining to
them;

\(2\) Refusing to provide information;

\(3\) Requesting access to their records;

\(4\) Appealing initial refusals to amend records; and

\(5\) Seeking redress through the courts.

Sec. 8 [Effect of 5 U.S.C. 552]{.underline}. No agency in the Department
shall rely on any exemption in 5 U.S.C. 552 to withhold from an
individual any records which is otherwise accessible to such individual
under the provisions of 5 U.S.C. 552a and this subpart.

## oOo 

RD Instruction 2015-E

Exhibit C

Page 1

## **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

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 2

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 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.

RD Instruction 2015-E

Exhibit C

Page 3

**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 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\. 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. No. 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.

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 4

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) 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.

RD Instruction 2015-E

Exhibit C

Page 5

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.

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 6

**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 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 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.

RD Instruction 2015-E

Exhibit C

Page 7

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 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.

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 8

## **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.

RD Instruction 2015-E

Exhibit C

Page 9

**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.

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.

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 10

**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.

RD Instruction 2015-E

Exhibit C

Page 11

**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, D.C. 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.

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 12

**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 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 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.

RD Instruction 2015-E

Exhibit C

Page 13

**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, D.C. 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, D.C. 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.

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 14

**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.

RD Instruction 2015-E

Exhibit C

Page 15

**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, D.C. 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, D.C.
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

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 16

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.

RD Instruction 2015-E

Exhibit C

Page 17

## **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.

(10-21-98) PN 298

RD Instruction 2015-E

Exhibit C

Page 18

**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 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, D.C. 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.

## oOo 

RD Instruction 2015-E

Exhibit D

## AUTHORIZATION TO MAKE INQUIRY OF RURAL DEVELOPMENT, A GOVERNMENT

## MISSION AREA, AND WAIVER OF PROVISIONS OF 

## THE PRIVACY ACT OF 1974

TO WHOM IT MAY CONCERN:

I (WE), DO HEREBY AUTHORIZE RURAL DEVELOPMENT TO RELEASE TO

(Name of Third Party Requester) ANY INFORMATION WHICH THEY MAY SEEK

OR REQUEST FROM RECORDS OF RURAL DEVELOPMENT CONCERNING MY

(Rural Development personnel will fill out here exactly what the third

party requester wants from this individual's file) TO RURAL DEVELOPMENT.

ANY RIGHTS WHICH I MAY HAVE TO THE CONTRARY PURSUANT TO THE PRIVACY

ACT ARE HEREBY EXPRESSLY WAIVED.

(Signature of Applicant, Borrower, or Grantee) (Date of Signature)

WITNESS: (Name of Witness) SIGNED: (Signature of Witness)

WITNESS: (Name of Witness) SIGNED: (Signature of Witness)

## oOo

(10-09-02) PN 351

Exhibit E in PDF ONLY.