# Privacy Act of 1974; Proposed Amendment to a Systems of Records

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A94-26019

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** October 20, 1994

## Text

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. N-94-3827; FR 3802-N-01]

Privacy Act of 1974; Proposed Amendment to a Systems of Records

AGENCY: Department of Housing and Urban Development (HUD).

ACTION: Notification of a proposed amendment to an existing system of
records.

-----------------------------------------------------------------------

SUMMARY: The Department of Housing and Urban Development (HUD) proposes
to amend its system of records entitled ``Accounting Records, HUD/DEPT-
2'' in its inventory of systems of records notices subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended. Notice of this system
was last published at 55 FR 17676, April 26, 1990.

EFFECTIVE DATE: This action will be effective without further notice on
November 21, 1994, unless comments are received that would result in a
contrary determination.

ADDRESSES: Interested persons are invited to submit comments regarding
the proposed amendment to the Rules Docket Clerk, Office of General
Counsel, Room 10276, Department of housing and Urban Development, 451
Seventh Street SW., Washington, DC 20410-0500. Communications should
refer to the above docket number and title. An original and four copies
of comments should be submitted. Facsimile (FAX) comments are not
acceptable. A copy of each communication submitted will be available
for public inspection and copying between 7:30 a.m. and 5:30 p.m.
weekdays at the above address.

FOR FURTHER INFORMATION CONTACT:Jeanette Smith, Departmental Privacy
Act Officer, at (202) 708-2374, or Mary Felton at (202) 708-4256. These
are not toll-free numbers.

SUPPLEMENTARY INFORMATION: HUD/DEPT-2 contains a variety of records
relating to HUD's accounting functions. These records are maintained
for the purpose of supporting HUD's administrative management and
collection of delinquent debts, including past due loan payments,
overpayments, fines, penalties, fees, damages, interest, leases, sales
of real property that are owed to HUD or to other Federal agencies.
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, notice
is given that HUD proposes to modify some of the general routine uses
and add new routine uses to this system of records. The revised routine
uses (items (i), (k) and (l)) more specifically identify the categories
of users (i.e., other Federal agencies) to whom records may be
disclosed pursuant to authorized and approved computer matching
programs undertaken for debt collection purposes. In addition, HUD is
amending other routine uses (items (j), (m), (n), (o), and (p)) to
permit more effective administrative management and collection of
delinquent claims and debts owed to the U.S. Government under any
programs administered by HUD.
The amended portion of the system notice is set forth below.
Previously, the system and a prefatory statement containing the general
routines used applicable to all HUD systems of records was published in
the ``Federal Register Privacy Act Issuances, 1989 Compilation, Volume
I.''
Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be
afforded a 30-day period in which to comment on the new record system.
The system report, as required by 5 U.S.C. 552a(r), has been
submitted to the Committee on Government Operations of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Office of Management and Budget (OMB), pursuant to paragraph 4c
of Appendix I to OMB Circular A-130, ``Federal Agency Responsibilities
for Maintaining Records About Individuals'' dated June 25, 1993 (58 FR
36075, July 2, 1993).

Authority: 5 U.S.C. 552a; 88 Stat. 1896; sec 7(d), Department of
HUD Act (42 U.S.C. 3535(d)).

Issued at Washington, DC, October 14, 1994.
Marilynn A. Davis,
Assistant Secretary for Administration.
HUD/DEPT-2
Accounting Records.
* * * * *
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, other routine uses are as follows:
(a) To the U.S. Treasury--for disbursements and adjustments
thereof.
(b) To the Internal Revenue Service--for reporting of sales
commissions and for reporting of discharged indebtedness;
(c) To the General Accounting Office, General Service
Administration, Department of Labor, Labor housing authorities, and
taxing authorities--for audit, accounting and financial reference
purposes.
(d) To mortgage lenders--for accounting and financial reference
purposes, for verifying information provided by new loan applicants and
evaluating creditworthiness.
(e) To HUD contractors--for debt and/or mortgage note servicing.
(f) To financial institutions that originated or serviced loans--to
give notice of disposition of claims.
(g) To title insurance companies--for payment of liens.
(h) To local recording offices--for filing assignments of legal
documents, satisfactions, etc.
(i) To the Defense Manpower Data Center (DMDC) of the Department of
Defense and the U.S. Postal Service to conduct computer matching
programs for the purpose of identifying and locating individuals who
are receiving Federal salaries or benefit payments and are delinquent
in their repayment of debts owed to the U.S. Government under certain
programs administrated by HUD in order to collect the debts under the
provisions of the Debt Collection Act of 1982 (Pub. L. 97-365) by
voluntary repayment, or by administrative or salary offset procedures.
(j) To any other Federal agency for the purpose of effecting
administrative or salary offset procedures against a person employed by
that agency or receiving or eligible to receive some benefit payments
from the agency when HUD as a creditor has a claim against that person.
(k) With other agencies; such as, Departments of Agriculture,
Education and Veteran Affairs, and the Small Business Administration--
for use of HUD's Credit Alert Interactive Voice Response System
(CAIVRS) to prescreen applicants for loans or loans guaranteed by the
Federal Government to ascertain if the applicant is delinquent in
paying a debt owed to or insured by the Government.
(l) To the Internal Revenue Service by computer matching to obtain
the mailing address of a taxpayer for the purpose of locating such
taxpayer to collect or to compromise a Federal claim by HUD against the
taxpayer pursuant to 26 U.S.C. 6103(m)(2) and in accordance with 31
U.S.C. 3711, 3217, and 3718.
(m) To a credit reporting agency for the purpose of either adding
to a credit history file or obtaining a credit history file on an
individual for use in the administration of debt collection.
(n) To the U.S. General Accounting Office (GAO), Department of
Justice, United States Attorney, or other Federal agencies for further
collection action on any delinquent account when circumstances warrant.
(o) to a debt collection agency for the purpose of collection
services to recover monies owed to the U.S. Government under certain
programs or services administered by HUD.
(p) to any other Federal agency including, but not limited to, the
Internal Revenue Service (IRS) pursuant to 31 U.S.C. 3720A, for the
purpose of effecting an administrative offset against the debtor for a
delinquent debt owed to the U.S. Government by the debtor.
Disclosures pursuant to 5 U.S.C. 552a(b)(12). Pursuant to 5 U.S.C.
552a(b)(12), disclosures may be made from the record system to consumer
reporting agencies as defined in the Fair Credit Reporting Act (15
U.S.C. 168a(f) or the Federal Claims Collection Act of 1966, 31 U.S.C.
3701(a)(3)). The disclosure is limited to information necessary to
establish the identity of the individual, including name, address and
taxpayer identification number (Social Security Number); the amount,
status, and history of the claim, and the agency or program under which
the claim arose for the sole purpose of allowing the consumer reporting
agency to prepare a credit report.
* * * * *
[FR Doc. 94-26019 Filed 10-19-94; 8:45 am]
BILLING CODE 4210-01-M

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-26019. Public record. Not legal advice.