Privacy Act of 1974; System of Records

Citation84 FR 21315
Record Number2019-09874
Published date14 May 2019
SectionNotices
CourtRural Business-cooperative Service,Rural Housing Service,Rural Utilities Service
Federal Register, Volume 84 Issue 93 (Tuesday, May 14, 2019)
[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
                [Notices]
                [Pages 21315-21320]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-09874]
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                DEPARTMENT OF AGRICULTURE
                Rural Housing Service
                Rural Business-Cooperative Service
                Rural Utilities Service
                Privacy Act of 1974; System of Records
                AGENCY: Rural Housing Service, Rural Business-Cooperative Service, and
                Rural Utilities Service, USDA.
                ACTION: Notice of modified system of records.
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                SUMMARY: In accordance with the requirements of the Privacy Act of 1974
                as amended; Section 12204 of the Agricultural Act of 2014, Rural
                Development (RD) gives notice of its proposal to modify the system of
                records entitled USDA/RD-1 Current or Prospective Producers or
                Landowners, Applicants, Borrowers, Grantees, Tenants, and other
                participants in RD programs.
                 To communicate the revision to the USDA RD-1 Systems of Records
                Notice in which the addition of Routine Use 26 below is published.
                 However, this was not the only revised Routine Use--these were also
                revised:
                 1. Routine Use 21 was revised,
                 2. Routine Use 22 was added [OMB M-17-12 items],
                 3. In addition, Routine Uses 23 and 24 were renumbered to 24 and
                25, respectively.
                DATES: Comments must be received no later than June 13, 2019. This
                system of records will be effective June 13, 2019 unless RD determines
                otherwise.
                ADDRESSES: You may submit comments on this notice by any of the
                following methods:
                 You may submit written or electronic comments on this
                notice by any of the following methods: Federal rulemaking Portal:
                http://www.regulations.gov. Follow the instructions for submitting
                comments.
                 Mail: Submit written comments via the U.S. Postal Service
                to the Team Lead, Innovation Center, Regulations Management Team, Rural
                Development, Mail Stop 1522, 1400 Independence Ave. SW, Washington, DC
                20250.
                 Hand Delivery/Courier: Submit written comments via Federal
                Express Mail or other courier service requiring a street address to the
                Team Lead, Innovation Center, Rural Development, 1400 Independence Ave.
                SW, Washington, DC 20250, Mail Stop 1522.
                FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
                [[Page 21316]]
                Michael Gardner, RD Privacy Act Officer, 1400 Independence Ave. SW, MS
                0707, Room 0168-S, Washington, DC 20250; Telephone: 202-692-0212.
                 For privacy issues, please contact: USDA Privacy Team, Information
                Security Center, Office of the Chief Information Officer, Department of
                Agriculture, 1400 Independence Avenue SW, Room 401-W, South Building,
                Washington, DC 20250; phone 202-205-0926 or at
                [email protected].
                SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5
                U.S.C. 552a), requires agencies to publish in the Federal Register
                notice of new or revised systems of records maintained by the agency.
                In accordance with the Office of Management and Budget (OMB) Circular
                A-130, Rural Development of the United States Department of Agriculture
                (USDA) is proposing to revise an existing Privacy Act system of
                records, which was last published in full on April 28, 2016 (FR 2016-
                09938).
                 The agency proposes to revise to USDA/RD-1 routine uses concerning:
                 a. The Agency also has revised Routine use 21 and added Routine use
                22 to include the latest routine use from OMB M-17-12.
                 b. Routine use 23 renumbered to Routine use 24,
                 c. Routine use 24 is renumbered to Routine 25.
                 d. Added Routine use 26 added to allow records to be disclosed to
                financial institutions (including government sponsored enterprises),
                Federal agencies, and other entities for the purposes of enhancing
                program operations and performance through automated underwriting,
                credit scoring and risk management. Routine Use 26 will also apply to
                records already identified in USDA/RD-1.
                SYSTEM NAME AND NUMBER:
                 USDA/RD-1 Current or Prospective Producers or Landowners,
                Applicants, Borrowers, Grantees, Tenants, and other participants in RD
                programs
                SECURITY CLASSIFICATION:
                 Unclassified.
                SYSTEM LOCATION:
                 Records are in the local, area, or state office through which the
                financial assistance is sought or was obtained; in the Customer Service
                Center (CSC); and in the National Finance Office in St. Louis,
                Missouri. A state office version of the local or area office record may
                be 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 offices for
                which an office is responsible is as follows:
                 Montgomery, AL
                 Palmer, AK
                 Phoenix, AZ
                 Little Rock, AR
                 Davis, CA
                 Lakewood, CO
                 Dover, DE (includes Maryland)
                 Gainesville, FL (includes U.S. Virgin Islands)
                 Athens, GA
                 Hilo, HI (includes Western Pacific Territories of American Samoa,
                Guam, and Commonwealth of the Marianas Islands, Federated States of
                Micronesia, Republic of Palau, and the Marshall Islands)
                 Boise, ID
                 Champaign, IL
                 Indianapolis, IN
                 Des Moines, IA
                 Topeka, KS
                 Lexington, KY
                 Alexandria, LA
                 Bangor, ME
                 Amherst, MA (includes Connecticut and Rhode Island)
                 East Lansing, MI
                 St. Paul, MN
                 Jackson, MS
                 Columbia, MO
                 Bozeman, MT
                 Lincoln, NE
                 Carson City, NV
                 Mt. Laurel, NJ
                 Albuquerque, NM
                 Syracuse, NY
                 Raleigh, NC
                 Bismarck, ND
                 Columbus, OH
                 Stillwater, OK
                 Portland, OR
                 Harrisburg, PA
                 San Juan, PR
                 Columbia, SC
                 Huron, SD
                 Nashville, TN
                 Temple, TX
                 Salt Lake City, UT
                 Montpelier, VT (includes New Hampshire)
                 Richmond, VA
                 Olympia, WA
                 Morgantown, WV
                 Stevens Point, WI
                 Casper, WY
                 The address 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, and Rural
                Development.'' The Finance Office and CSC are located at 4300
                Goodfellow Blvd., St. Louis, MO 63120-0011.
                SYSTEM MANAGER(S):
                 The Community Development Manager at the Local Office; the RD
                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 Ave. SW, Rm. 5803-S, Stop 3201, Washington, DC 20250-3201;
                Administrator, Rural Utilities Service,--USDA 1400 Independence Ave.
                SW, Rm. 5135, Stop 1510, Washington, DC 20250-1510. Contact information
                can be found at http://www.rd.usda.gov.
                AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                 Consolidated Farm and Rural Development Act of 1972, as amended;
                Section 12204 of the Agricultural Act of 2014 (Pub. L. 113-79);
                Agricultural Credit of 1961 & Consolidated Farm and Rural Development
                Act (7 U.S.C. 1921 et seq.); Housing Act of 1949 (42 U.S.C. 1471 et
                seq.); Section 901 of the Food Conservation, and Energy Act of 2008
                (Pub L. 110-246); Rural Electrification and Telephone Service (7 U.S.C.
                901 et seq.).
                PURPOSE(S) OF THE SYSTEM:
                 The purpose of this system is for Rural Development (RD) to
                maintain information that is used for current or prospective producers
                or landowners, applicants, borrowers, grantees, tenants, and other
                participants in RD programs designed to help improve the economy and
                quality of life in rural America. These financial systems support such
                essential public facilities and service as water and sewer systems,
                housing, health clinics, emergency service facilities, and electric and
                telephone services. Additionally, RD systems and feeder applications
                promote economic development by supporting loans to businesses through
                banks, credit unions, and community-managed lending pools. The suite of
                RD systems covered by this system of records is developed and
                maintained by the Chief Information Officer Washington DC.
                CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
                 Current or prospective producers or landowners, applicants,
                borrowers, grantees, tenants, and their respective household members,
                including members of associations and other participants in RD
                programs.
                CATEGORIES OF RECORDS IN THE SYSTEM:
                 Records include individual's social security or employer
                identification
                [[Page 21317]]
                number, bank routing and account numbers; and their respective
                household members' characteristics, such as gross and net income,
                sources of income, capital, assets and liabilities, net worth, age,
                race, number of dependents, marital status, reference material, farm or
                ranch operating plans, and property appraisal. The system also tracks
                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.
                RECORD SOURCE CATEGORIES:
                 Information in this system comes primarily from credit reports.
                Personal references come primarily from current or prospective
                producers or landowners, applicants, borrowers, grantees, tenant,
                credit agencies, and creditors.
                ROUTINE USES OF RECORDS MAINTAINED IN THE GROUP OF APPLICATIONS,
                INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
                 In addition to those disclosures generally permitted under 5 U.S.C.
                552a(b) of the Privacy Act, all or a portion of the records information
                contained in this system may be disclosed outside USDA as a routine use
                pursuant to 5 U.S.C. a(b)(3) as follows:
                 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. 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. RD will provide information from these systems 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's Offset Program as required by the Debt
                Collection Improvements Act, Public Law 104-134, section 31001.
                 4. Disclosure to RD of name, home addresses, 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. Disclosure 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 RD
                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. To a court or adjudicative body in a proceeding 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 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 is therefore deemed by the
                agency to be for a purpose that is compatible with the purpose for
                which the agency collected the records.
                 7. Disclosure 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 RD determines such referral is appropriate to encourage
                the borrower to refinance his RD 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. Disclosure 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. Disclosure 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 RD 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. Disclosure of names, home addresses, and financial information
                to lending institutions when RD 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 RD for the purpose of the collection of
                the debt. These loans may be under the direct and guaranteed loan
                programs.
                 12. Disclosure to private attorneys under contract with either RD
                or with the Department of Justice for the purpose of foreclosure and
                possession actions and collection of past due accounts in connection
                with RD.
                 13. 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. Disclosure of names, home addresses, social security numbers,
                and financial information to the Department of Housing and Urban
                Development for the purpose of evaluating a loan applicant's
                creditworthiness, information that will allow for the pre-screening of
                applicants through the Credit Alert Verification Reporting
                [[Page 21318]]
                System (CAIVRS) computer matching program. An applicant shall be pre-
                screened for any debts owed or loans guaranteed by the Federal
                government to ascertain if the applicant is delinquent in paying a debt
                owed to or insured by the Federal government. Authorized employees of,
                and approved private lenders acting on behalf of, the Federal agencies
                participating in the CAIVRS computer matching program will be able to
                search the CAIVRS database.
                 Explanatory Text: Credit Alert Verification Reporting System
                (CAIVRS) is a Federal government database of delinquent Federal debtors
                that when reviewed, allows Federal agencies to reduce the risk to
                Federal loan and loan guarantee programs. CAIVRS alerts participating
                Federal lending agencies when an applicant for credit benefits has a
                Federal lien, judgment, or a Federal loan that is currently in default
                or foreclosure or has had a claim paid by a reporting agency. CAIVRS
                allows authorized employees of participating Federal agencies to access
                a database of delinquent Federal borrowers for the purpose of pre-
                screening direct loan applicants for credit worthiness and also permits
                approved private lenders acting on behalf of the Federal agency to
                access the delinquent borrower database for the purpose of pre-
                screening the credit worthiness of applicants for federally guaranteed
                loans. CAIVRS authority derives from the Computer Matching and Privacy
                Protection Act of 1988 (Pub. L. 100-503) as amended, Office of
                Management and Budget (OMB) Circulars A-129 (Managing Federal Credit
                Programs) and A-70 (Policies and Guidelines for Federal Credit
                Programs), the Budget and Accounting Acts of 1921 and 1950, as amended,
                the Debt Collection Act of 1982, as amended, the Deficit Reduction Act
                of 1984, as amended, and the Debt Collection Improvement Act of 1996,
                as amended.
                 15. Disclosure 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. Disclosure of names, home addresses, and financial information
                to financial consultants, advisors, or underwriters, when RD determines
                such referral is appropriate for developing packaging and marketing
                strategies involving the sale of RD loan assets.
                 17. Disclosure 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.
                 18. Disclosure to Health and Human Services (HHS) parent locator
                system for finding parents who do not pay child support: The name and
                current address of record of an individual may be disclosed from this
                system of records to the parent locator service of the Department of
                HHS or authorized persons defined by Public Law 93-647, 42 U.S.C. 653.
                 19. To agency contractors, grantees, experts, consultants or
                volunteers who have been engaged by the agency to assist in the
                performance of a service related to this system of records and who need
                to have access to the records to perform the activity. Recipients shall
                be required to comply with the requirements of the Privacy Act of 1974,
                as amended, pursuant to 5 U.S.C. 552a(m).
                 20. Disclosure to customer service agents for training and
                evaluation purposes. Information is collected during calls made by the
                client to the CSC Customer Service Section to discuss questions or
                concerns pertaining to their mortgage account(s) with RD. The
                information discussed during the call to the CSC help desk is captured
                and used for training and evaluation purposes to ensure proper
                procedures are being followed and accurate information is provided when
                assisting the client.
                 21. To appropriate agencies, entities, and persons when (1) RD
                suspects or has confirmed that there has been a breach of the system of
                records,[middot] (2) RD has determined that as a result of the
                suspected or confirmed breach there is a risk of harm to individuals,
                RD (including its information systems, programs, and operations), the
                Federal Government, or national security; and (3) the disclosure made
                to such agencies, entities, and persons is reasonably necessary to
                assist in connection with RD efforts to respond to the suspected or
                confirmed breach or to prevent, minimize, or remedy such harm''
                suspected or confirmed compromise and prevent, minimize, or remedy such
                harm.
                 22. To another Federal agency or Federal entity, when RD determines
                that information from this system of records is reasonably necessary to
                assist the recipient agency or entity in (1) responding to a suspected
                or confirmed breach or (2) preventing, minimizing, or remedying the
                risk of harm to individuals, the recipient agency or entity (including
                its information systems, programs, and operations), the Federal
                Government, or national security, resulting from a suspected or
                confirmed breach.
                 23. To comply with Federal Funding Accountability and Transparency
                Act (FFATA) and similar statutory requirements for public disclosure in
                situations where records reflect loans, grants, or other payments to
                members of the public: USDA will disclose information about individuals
                from this system of records in accordance with the Federal Funding
                Accountability and Transparency Act of 2006 (Pub. L. 109-282; codified
                at 31 U.S.C. 6101, et seq.); section 204 of the E-Government Act of
                2002 (Pub. L. 107-347; 44 U.S.C. 3501 note), and the Office of Federal
                Procurement Policy Act (41 U.S.C. 403 et seq.), or similar statutes
                requiring agencies to make available publicly information concerning
                Federal financial assistance, including grants, sub grants, loan
                awards, cooperative agreements and other financial assistance; and
                contracts, subcontracts, purchase orders, task orders, and delivery
                orders.
                 24. To the National Archives and Records Administration for to the
                National Archives and Records Administration for records management
                inspections conducted under 44 U.S.C. 2904 and 2906.
                 25. To the Department of the Treasury for the purpose of
                identifying, preventing, or recouping improper payments to an applicant
                for, or recipient of, Federal funds, including funds disbursed by a
                State in a State-administered, federally funded program, information
                that will allow for pre-payment eligibility review of a loan applicant
                through the Do Not Pay computer matching program. Authorized employees
                of, and approved private lenders acting on behalf of, the Federal
                agencies participating in the Do Not Pay computer matching program will
                be able to search the Do Not Pay database. The disclosure may include
                applicant's name, home address, Social Security Number, income/
                financial data, date of birth, personal telephone number, and personal
                email address.
                 Explanatory Text: To help eliminate waste, fraud, and abuse in
                Federal programs, Federal agencies are to focus on preventing payment
                errors before they occur. The purpose of the
                [[Page 21319]]
                Department of the Treasury's Do Not Pay program is to reduce improper
                payments by intensifying efforts to eliminate payment error, waste,
                fraud, and abuse in the major programs administered by the Federal
                Government, while continuing to ensure that Federal programs serve and
                provide access to their intended beneficiaries. Federal agencies shall
                thoroughly review the Do Not Pay computer matching database, to the
                extent permitted by law to determine applicant eligibility before the
                release of any Federal funds. By checking the Do Not Pay database
                before making payments, Federal agencies can identify ineligible
                recipients and prevent certain improper payments from being made. The
                Do Not Pay program authority derives from the Improper Payments
                Elimination and Recovery Improvement Act of 2012 (Pub. L. 112-248).
                 26. To financial institutions (including government sponsored
                enterprises), Federal agencies, and other entities for the purposes of
                enhancing program operations and performance through automated
                underwriting, credit scoring and risk management.
                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 STORAGE OF RECORDS:
                 Records are maintained in file folders at the local, area, state,
                and national offices. All records are converted to electronic format
                and stored on a USDA managed certified and accredited storage
                repository. Once agency employees convert the paper documents to
                digital records, verify that the digital record is readable and
                successfully ported to the imaging repository the manual documents are
                destroyed in compliance with RD regulation (shredding). Other program
                imaging repositories are utilized to allow multi-point access to
                electronic records, but the manual documents are retained securely in
                the local office until such time as the account is considered closed
                per Rural Development Regulation 2033-A. At that time, the documents/
                case files are destroyed in a manner as outlined in RD regulation. If
                the office cannot accommodate proper, manual file retention standards
                (inadequate space to secure and house documents/files that require
                retention), inactive documents/case files (i.e., charge-offs, pay-offs,
                denials, withdrawn) can be retired to the Federal Records Center. Any
                records shipped to the Center for retention must be clearly inventoried
                and marked with a destroy-by date. The destroy date is determined by
                the record type after it is closed (e.g., loss to the government
                retention is 7 years after case is closed). The retention schedule can
                be found at RD 2033-A and the Operational Records Manual. For further
                information contact the RD Records Officer. If closed/inactive files
                are retained at the local office until such time as they are eligible
                for destruction, they are stored in a secured location.
                POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
                 Records are indexed by name, identification number, and type of
                loan or grant. Data may be retrieved from the paper records or the
                electronic storage. All RD state and field offices as well as the
                financial office and the Customer Service Center (CSC) have the
                telecommunications capability available to access this subset of data.
                POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
                 Records are retained for Financial Systems under National Archives
                and Records Administration General Schedule 7.
                 Records are maintained subject to the Federal Records Disposal Act
                of 1943 (44 U.S.C. 33), and as amended in accordance with RD 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. (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 offices for two full fiscal years and
                one 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 one 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 one 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 three
                full fiscal years after the last year in which there was
                correspondence.
                ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS
                 Paper records are kept in locked offices at the Local, Area, State,
                and National Offices. For electronic records and an online retrieval
                system at the Finance Office access is restricted to authorize Rural
                Development personnel. A system of operator and terminal passwords and
                code numbers is used to restrict access to the online system. Passwords
                and code numbers are changed as necessary.
                 The records are protected by the confidentiality requirements of
                the USDA Office of the Chief Information Officer (OCIO) Cyber Security
                Manuals and the provisions of the Privacy Act. Only authorized USDA
                employees will have access to the records in this system on a need to
                know basis. Role based access controls are used and the systems are
                accessible via the USDA Intranet. Only authorized USDA personnel will
                have access to these records. The systems covered by this notice have
                been categorized as having a Moderate security categorization impact as
                identified in Federal Information Processing Standard (FIPS) 199,
                Standards for Security Categorization of Federal Information and
                Information Systems. The security controls implemented within the
                systems will correspond with those published in the National Institute
                of Standards and Technology (NIST) Special Publication 800-53,
                Recommended Security Controls for Federal Information Technology
                Systems for a Moderate impact system.
                 Users are only granted system access upon successful completion of
                information security training and each user is supplied with a unique
                and strong user-id and password. The user roles are restrictive and
                based on the principle of least privilege allowing for adequate
                performance of job functions and access to information is based on a
                need to know.
                 Due to the financial nature of the systems covered by this notice,
                the systems also adhere to the security controls identified in the
                Federal Information Security Control Audit Manual (FISCAM). The
                mandatory requirements of FIPS 199 and FIPS 200, Minimum Security
                Requirements for Federal Information and Information Systems, support
                the Federal Information Security Management Act (FISMA) and the FISCAM
                supports the mandated Office of Management and
                [[Page 21320]]
                Budget (OMB) Circular A-123, Management of Internal Controls.
                 Moreover, specific USDA security requirements are adhered to
                through the USDA Cyber Security Manuals including but not limited to:
                DM3545-000, Personnel Security, and DM3510-001, Physical Security
                Standards for Information Technology Restricted Space.
                RECORD ACCESS PROCEDURES:
                 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, and Washington, DC 20250-0742.
                 A request for information pertaining to an individual must include
                a name; an address; the RD office where the loan or grant was applied
                for, approved, and/or denied; the type of RD program; and the date of
                the request or approval.
                CONTESTING RECORD PROCEDURES
                 See ``Record Access Procedure'' above.
                NOTIFICATION PROCEDURE:
                 See ``Record Access Procedure'' above.
                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                 None.
                HISTORY:
                 System of Records; USDA/Rural Development-1 Current or Prospective
                Producers or Landowners, Applicants, Borrowers, Grantees, Tenants, and
                Other Participants in RD Programs A Notice by the Rural Housing
                Service, the Rural Business-Cooperative Service, and the Rural
                Utilities Service Published to the Federal Register 04/28/2016.
                Joel C. Baxley,
                Acting Assistant to the Secretary, Rural Development.
                [FR Doc. 2019-09874 Filed 5-13-19; 8:45 am]
                BILLING CODE 3410-XT-P
                

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