Privacy Act of 1974; System of Records, 72820-72824 [2024-20068]
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Notices
Federal Register
Vol. 89, No. 173
Friday, September 6, 2024
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.
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
[DOCKET NO: RUS–24–AGENCY–0009]
Privacy Act of 1974; System of
Records
Rural Housing Service, Rural
Business-Cooperative Service, and Rural
Utilities Service, USDA.
ACTION: Notice of a modified system of
records.
In accordance with the
requirements of the Privacy Act of 1974
as amended, the U.S. Department of
Agriculture’s (USDA), 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 addition
of Routine Use 27 published below. In
addition, updates were made to the
System Location, Authority to
Maintenance of the System, Policies and
Practices for Retention and Disposal of
Records, and to the Record Act
Procedures.
SUMMARY:
In accordance with 5 U.S.C.
552a(e)(4) and (11), this notice is
applicable upon publication, subject to
a 30-day notice and comment period in
which to comment on the routine uses
described in the ‘‘Routine Uses of
Records Maintained in the System’’
section of this system of records notice.
Please submit any comments by October
7, 2024.
ADDRESSES: Comments may be sent by
the Federal eRulemaking Portal: Go to
regulations.gov and, in the ‘‘Search for
dockets and documents on agency
actions’’ box, type in the Docket No.
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For
general questions, please contact:
Therese McGhie, USDA Privacy Team,
Cybersecurity and Privacy Operations
Center, Office of the Chief Information
Officer, Department of Agriculture, 1400
Independence Ave. SW, Washington,
DC 20250, Phone: (202) 720–2791,
option 3; Email: RDprivacy@usda.gov.
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, RD of the USDA is
proposing to revise an existing Privacy
Act system of records, which was last
published in full on May 14, 2019 (84
FR 21315).
The agency proposes to revise USDA/
RD–1 by:
(a) Adding Routine Use 27 to account
for a new computer matching agreement
among USDA/RD, the U.S. Social
Security Administration, and the U.S.
Department of Health and Human
Services. Routine Use 27 will apply to
records already identified in USDA/RD–
1;
(b) Updating the System Location;
(c) Updated the Authority for
Maintenance of System; and
(d) Updating the Policies and
Practices for Retention and Disposal of
Records.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
DATES:
RUS–24–AGENCY–0009 and click the
‘‘Search’’ button. From the search
results, click on or locate the document
title and select the ‘‘Comment’’ button.
Before inputting comments, commenters
may review the ‘‘Commenter’s
Checklist’’ (optional). Insert comments
under the ‘‘Comment’’ title, click
‘‘Browse’’ to attach files (if available),
input email address and select ‘‘Submit
Comment.’’ Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘FAQ’’ link.
All comments received will be posted
without change and be available for
public inspection online at
regulations.gov.
SYSTEM NAME AND NUMBER:
USDA/RD–1 Current or Prospective
Producers or Landowners, Applicants,
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Borrowers, Grantees, Tenants, and other
participants in RD programs.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located at USDA RD,
Suite 1701, 211 North Broadway, St.
Louis, MO 63102 and DISC Enterprise
Data Center, 8930 Ward Parkway Blvd.,
Kansas City, MO.
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
5014A, South Building, Stop 0701,
Washington, DC 20250–0701;
Administrator, Rural BusinessCooperative Service, USDA, 1400
Independence Ave. SW, Rm. 5803, Stop
3201, Washington, DC 20250–3201;
Administrator, Rural Utilities Service,—
USDA 1400 Independence Ave. SW,
Rm. 4121, Stop 1510, Washington, DC
20250–1510. Contact information can be
found at 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.); and Agriculture Improvement Act
of 2018 (Pub. L. 115–334), as amended.
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,
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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
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.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, 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, records
contained in this system may be
disclosed outside USDA as a routine use
pursuant to 5 U.S.C. a(b)(3) to the extent
that such uses are compatible with the
purpose for which the information was
collected as follows:
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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
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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
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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 prescreening of applicants through the
Credit Alert Verification Reporting
System (CAIVRS) computer matching
program. An applicant shall be prescreened 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.
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.
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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, (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.
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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 Stateadministered, federally funded program,
information that will allow for prepayment 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.
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.
27. Disclose information pursuant to
the Computer Matching Agreements
with the Social Security Administration
(SSA) and with Department of Health
and Human Services (HHS) for the
purpose of identification and income
verification and compliance with Title
II, Title XVI, Improper Payment
Information Act.
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Explanatory Text: Verification will
assist USDA RD to assess eligibility for
the Rental Assistance, Single Family
Direct, and Voucher programs; and to
certify compliance with the Improper
Payment Information Act by reducing
improper payments and unauthorized
assistance. The matching agreements
will provide USDA RD with an
indicator of whether participants have
reported complete and accurate income.
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)).
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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 multipoint 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.
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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 in accordance
with the General Records Schedule and/
or Agency Controlled Records Schedule.
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 in accordance
with approved records schedules.
Correspondence records at the National
Office, which concern borrowers and
applicants, are retained for seven full
fiscal years.
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,
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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
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,
https://efoia-pal.usda.gov/app/
Home.aspx.
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.
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CONTESTING RECORD PROCEDURES:
See ‘‘Record Access Procedure’’
above.
NOTIFICATION PROCEDURES:
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 May 14, 2019 (84 FR
21315, No. 93, FR Doc. 2019–09874).
Basil I. Gooden,
Under Secretary, Rural Development, United
States Department of Agriculture.
[FR Doc. 2024–20068 Filed 9–5–24; 8:45 am]
BILLING CODE 3410–XY–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Business Meeting of
the Alabama Advisory Committee to
the U.S. Commission on Civil Rights
Commission on Civil Rights.
Announcement of business
meeting.
AGENCY:
ACTION:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Alabama Advisory Committee
(Committee) will hold a business
meeting on Thursday, September 26,
2024 at 10:00 a.m. Central time. The
Committee will review Committee
processes to discuss civil rights topics.
DATES: The business meeting will take
place on Thursday September 26, 2024,
at 10:00 a.m. Central Time.
Public Call Information: Dial: 833–
435–1820, Confirmation Code: 161 773
2050#.
Join from the meeting link: https://
www.zoomgov.com/webinar/register/
WN_Czvk2MR9RCaEXpoUTpV-jg.
FOR FURTHER INFORMATION CONTACT:
David Barreras, DFO, at dbarreras@
usccr.gov or (202) 656–8937
SUPPLEMENTARY INFORMATION: Members
of the public may listen to this
discussion through the above call-in
number. An open comment period will
be provided to allow members of the
public to make a statement as time
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:42 Sep 05, 2024
Jkt 262001
allows. Callers can expect to incur
regular charges for calls they initiate
over wireless lines, according to their
wireless plan. The Commission will not
refund any incurred charges. Callers
will incur no charge for calls they
initiate over land-line connections to
the toll-free telephone number.
Individuals who are deaf, deafblind and
hard of hear hearing may also follow the
proceedings by first calling the Federal
Relay Service at 1–800–877–8339 and
providing the Service with the
conference call number and
confirmation code.
Members of the public are entitled to
submit written comments; the
comments must be received in the
regional office within 30 days following
the meeting. Written comments may be
mailed to the Regional Programs Unit,
U.S. Commission on Civil Rights, 230 S.
Dearborn, Suite 2120, Chicago, IL
60604. They may also be faxed to the
Commission at (312) 353–8324 or
emailed to Corrine Sanders at csanders@
usccr.gov. Persons who desire
additional information may contact the
Regional Programs Unit at (312) 353–
8311.
Records generated from this meeting
may be inspected and reproduced at the
Regional Programs Unit Office, as they
become available, both before and after
the meeting. Records of the meeting will
be available via www.facadatabase.gov
under the Commission on Civil Rights,
Alabama Advisory Committee link.
Persons interested in the work of this
Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at the above
email or street address.
Agenda
I. Welcome and roll call
II. Chair’s Comments
III. Committee Discussion
IV. Next steps
V. Public comment
VI. Adjournment
Dated: August 30, 2024.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2024–20001 Filed 9–5–24; 8:45 am]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Ohio
Advisory Committee to the U.S.
Commission on Civil Rights
Commission on Civil Rights.
Notice of virtual business
meeting.
AGENCY:
ACTION:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act, that
the Ohio Advisory Committee
(Committee) to the U.S. Commission on
Civil Rights will hold a public meeting
via Zoom. The purpose of this meeting
is discuss, revise, and vote, as needed,
on matters related to the Committee’s
draft report on source of income
discrmination in Ohio housing.
DATES: Tuesday, September 24, 2024,
from 1:00 p.m. to 2:00 p.m. Eastern
Time.
ADDRESSES: This meeting will be held
via Zoom.
Registration Link (Audio/Visual):
https://bit.ly/3AJ8lmJ.
Join by Phone (Audio Only): 1–833–
435–1820 USA Toll Free; Webinar ID:
160 920 9212#.
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, Designated Federal
Officer, at mwojnaroski@usccr.gov or 1–
202–618–4158.
SUPPLEMENTARY INFORMATION: This
Committee meeting is available to the
public through the registration link
above. Any interested members of the
public may attend this meeting. An
open comment period will be provided
to allow members of the public to make
oral statements as time allows. Pursuant
to the Federal Advisory Committee Act,
public minutes of the meeting will
include a list of persons who are present
at the meeting. If joining via phone,
callers can expect to incur regular
charges for calls they initiate over
wireless lines, according to their
wireless plan. The Commission will not
refund any incurred charges. Callers
will incur no charge for calls they
initiate over land-line connections to
the toll-free telephone number. Closed
captioning is available by selecting
‘‘CC’’ in the meeting platform. To
request additional accommodations,
please email svillanueva@usccr.gov at
least 10 business days prior to each
meeting.
Members of the public are entitled to
submit written comments; the
comments must be received in the
regional office within 30 days following
the scheduled meeting. Written
comments may be emailed to Sarah
Villanueva at svillanueva@usccr.gov.
Persons who desire additional
information may contact the Regional
Programs Coordination Unit at 1–202–
618–4158.
Records generated from these
meetings may be inspected and
reproduced at the Regional Programs
Coordination Unit Office, as they
SUMMARY:
E:\FR\FM\06SEN1.SGM
06SEN1
Agencies
[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72820-72824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20068]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 89, No. 173 / Friday, September 6, 2024 /
Notices
[[Page 72820]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
[DOCKET NO: RUS-24-AGENCY-0009]
Privacy Act of 1974; System of Records
AGENCY: Rural Housing Service, Rural Business-Cooperative Service, and
Rural Utilities Service, USDA.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of 1974
as amended, the U.S. Department of Agriculture's (USDA), 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 addition of Routine Use
27 published below. In addition, updates were made to the System
Location, Authority to Maintenance of the System, Policies and
Practices for Retention and Disposal of Records, and to the Record Act
Procedures.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
applicable upon publication, subject to a 30-day notice and comment
period in which to comment on the routine uses described in the
``Routine Uses of Records Maintained in the System'' section of this
system of records notice. Please submit any comments by October 7,
2024.
ADDRESSES: Comments may be sent by the Federal eRulemaking Portal: Go
to regulations.gov and, in the ``Search for dockets and documents on
agency actions'' box, type in the Docket No. RUS-24-AGENCY-0009 and
click the ``Search'' button. From the search results, click on or
locate the document title and select the ``Comment'' button. Before
inputting comments, commenters may review the ``Commenter's Checklist''
(optional). Insert comments under the ``Comment'' title, click
``Browse'' to attach files (if available), input email address and
select ``Submit Comment.'' Information on using Regulations.gov,
including instructions for accessing documents, submitting comments,
and viewing the docket after the close of the comment period, is
available through the site's ``FAQ'' link. All comments received will
be posted without change and be available for public inspection online
at regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Therese McGhie, USDA Privacy Team, Cybersecurity and Privacy Operations
Center, Office of the Chief Information Officer, Department of
Agriculture, 1400 Independence Ave. SW, Washington, DC 20250, Phone:
(202) 720-2791, option 3; Email: [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, RD of the USDA is proposing to revise an existing Privacy Act
system of records, which was last published in full on May 14, 2019 (84
FR 21315).
The agency proposes to revise USDA/RD-1 by:
(a) Adding Routine Use 27 to account for a new computer matching
agreement among USDA/RD, the U.S. Social Security Administration, and
the U.S. Department of Health and Human Services. Routine Use 27 will
apply to records already identified in USDA/RD-1;
(b) Updating the System Location;
(c) Updated the Authority for Maintenance of System; and
(d) Updating the Policies and Practices for Retention and Disposal
of Records.
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 located at USDA RD, Suite 1701, 211 North Broadway, St.
Louis, MO 63102 and DISC Enterprise Data Center, 8930 Ward Parkway
Blvd., Kansas City, MO.
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 5014A, South Building, Stop 0701, Washington, DC 20250-0701;
Administrator, Rural Business-Cooperative Service, USDA, 1400
Independence Ave. SW, Rm. 5803, Stop 3201, Washington, DC 20250-3201;
Administrator, Rural Utilities Service,--USDA 1400 Independence Ave.
SW, Rm. 4121, Stop 1510, Washington, DC 20250-1510. Contact information
can be found at 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.); and Agriculture Improvement Act of 2018 (Pub. L.
115-334), as amended.
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,
[[Page 72821]]
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 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 SYSTEM, 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, records contained in this system may be
disclosed outside USDA as a routine use pursuant to 5 U.S.C. a(b)(3) to
the extent that such uses are compatible with the purpose for which the
information was collected 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
[[Page 72822]]
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 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.
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, (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.
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.
27. Disclose information pursuant to the Computer Matching
Agreements with the Social Security Administration (SSA) and with
Department of Health and Human Services (HHS) for the purpose of
identification and income verification and compliance with Title II,
Title XVI, Improper Payment Information Act.
[[Page 72823]]
Explanatory Text: Verification will assist USDA RD to assess
eligibility for the Rental Assistance, Single Family Direct, and
Voucher programs; and to certify compliance with the Improper Payment
Information Act by reducing improper payments and unauthorized
assistance. The matching agreements will provide USDA RD with an
indicator of whether participants have reported complete and accurate
income.
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 in accordance with the General Records
Schedule and/or Agency Controlled Records Schedule. 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 in accordance with approved
records schedules. Correspondence records at the National Office, which
concern borrowers and applicants, are retained for seven full fiscal
years.
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 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, https://efoia-pal.usda.gov/app/Home.aspx.
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.
[[Page 72824]]
CONTESTING RECORD PROCEDURES:
See ``Record Access Procedure'' above.
NOTIFICATION PROCEDURES:
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 May 14, 2019 (84 FR
21315, No. 93, FR Doc. 2019-09874).
Basil I. Gooden,
Under Secretary, Rural Development, United States Department of
Agriculture.
[FR Doc. 2024-20068 Filed 9-5-24; 8:45 am]
BILLING CODE 3410-XY-P