This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

38546

Vol. 63, No. 137

Friday, July 17, 1998

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.

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 Development1, 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.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices 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)
38548 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices

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
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices 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 BusinessCooperative 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.
38550 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices

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
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices 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,
38552 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices

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 BusinessCooperative 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.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices 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 BusinessCooperative 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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[TB–98–06]

Burley Tobacco Advisory Committee—

Notice of Committee Renewal

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Notice of Committee Renewal.

SUMMARY: Notice is hereby given that

the Secretary of Agriculture has

renewed the Burley Tobacco Advisory

Committee for an additional period of 2

years.

FOR FURTHER INFORMATION CONTACT: John

P. Duncan III, Deputy Administrator,

Tobacco Programs, AMS, USDA, 300

12th Street, S.W., Room 502 Annex

Building, P.O. Box 96456, Washington,

D.C. 20090–6456, (202) 205–0567.

SUPPLEMENTARY INFORMATION: The

Committee, which reports to the

Secretary through the Assistant

Secretary for Marketing and Regulatory

Programs, recommends opening dates

and selling schedules for the burley

marketing area which aid the Secretary

in making an equitable apportionment

and assignment of tobacco inspectors.

The Committee consists of 39 members;

21 producer representatives, 10

warehouse representatives, and 8 buyer

representatives, representing all

segments of the burley tobacco industry

and meets at the call of the Secretary.

The Secretary has determined that

renewal of this Committee is in the

public interest.

To ensure that recommendations of

the Committee take into account the

needs of diverse groups served by the

Department, membership should

include, to the extent practicable,

persons with demonstrated ability to

represent minorities, women, and

persons with disabilities.

This notice is given in compliance

with the Federal Advisory Committee

Act (5 U.S.C. App.).

Dated: July 13, 1998.

Reba Evans,

Acting Deputy Assistant Secretary for

Administration.

[FR Doc. 98–19079 Filed 7–16–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[TB–98–07]

Flue-Cured Tobacco Advisory

Committee—Notice of Committee

Renewal

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Notice of Committee Renewal.

SUMMARY: Notice is hereby given that

the Secretary of Agriculture has

renewed the Flue-Cured Tobacco

Advisory Committee for an additional

period of 2 years.

FOR FURTHER INFORMATION CONTACT: John

P. Duncan III, Deputy Administrator,

Tobacco Programs, AMS, USDA, 300

12th Street, S.W., Room 502 Annex

Building, P.O. Box 96456, Washington,

D.C. 20090–6456, (202) 205–0567.

SUPPLEMENTARY INFORMATION: The

Committee, which reports to the

Secretary through the Assistant

Secretary for Marketing and Regulatory

Programs, recommends opening dates

and selling schedules for the flue-cured

marketing area which aid the Secretary

in making an equitable apportionment

and assignment of tobacco inspectors.

The Committee consists of 39 members;

21 producer representatives, 10

warehouse representatives, and 8 buyer

representatives, representing all

segments of the flue-cured tobacco

industry and meets at the call of the

Secretary. The Secretary has determined

that renewal of this Committee is in the

public interest.

To ensure that recommendations of

the Committee take into account the

needs of diverse groups served by the

Department, membership should

include, to the extent practicable,

persons with demonstrated ability to

represent minorities, women, and

persons with disabilities.

This notice is given in compliance

with the Federal Advisory Committee

Act (5 U.S.C. App.).

Dated: July 13, 1998.

Reba Evans,

Acting Deputy Assistant Secretary for

Administration.

[FR Doc. 98–19078 Filed 7–16–98; 8:45 am]

BILLING CODE 3410–02–P