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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Administration

[Docket No. N-94-3738; FR-3678-N-01]

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

AGENCY: Office of the Assistant Secretary for Administration, HUD.

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

records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5

U.S.C. 552a, HUD proposes to amend its system of records entitled

``Tenant Eligibility Verification Files, HUD/PIH-1.'' Notice of this

system was published at 58 FR 37600, July 12, 1993.

The new routine use will permit HUD to initiate referrals to

Federal agencies of records concerning a Federal employee's receipt of

excessive housing assistance, including actions taken by the employee

to repay the excessive assistance. These referrals will provide Federal

employers with information needed to ensure effective implementation of

the Standards of Ethical Conduct for Employees of the Executive Branch,

5 CFR part 2635. In addition, such referrals will facilitate counseling

Federal employees, as needed, regarding the repayment of debts--an

obligation under the Standards of Ethical Conduct. The employee

counseling may be an effective means to preclude the need for

garnishment of debt from employees that is now permitted under the

Hatch Act Amendments of 1993. Additionally, Federal employers may

initiate disciplinary and corrective actions for employees who violate

the Standards of Ethical Conduct.

EFFECTIVE DATE: This amendment shall become effective without further

notice in 30 calendar days (April 29, 1994) unless comments are

received on or before that date which would result in a contrary

determination.

ADDRESSES: Interested persons are invited to submit comments regarding

this routine use 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, Telephone Number

(202) 708-2374, or David L. Decker, Director, Computer Matching

Activities, Office of the Public and Indian Housing Comptroller,

Telephone Number (202) 708-0099. (These are not toll free numbers.)

SUPPLEMENTARY INFORMATION: The additional routine use described in the

notice is consistent with the Standards of Ethical Conduct for

Employees of the Executive Branch, 5 CFR part 2635.

Specifically, the new routine use is consistent with 5 CFR

2635.101(b)(12), which requires employees to satisfy in good faith

their obligations as citizens, including all just financial

obligations. Further, the new routine use is consistent with the

general principle in 5 CFR 2635.101(b)(11) that employees shall

disclose waste, fraud and abuse to appropriate authorities.

Disciplinary and corrective actions may be initiated by Federal

employers based on 5 CFR 2635.106.

In addition to identifying potential violations of the Standards of

Ethical Conduct for Employees of the Executive Branch, referral to

Federal employers of records concerning an employee's indebtedness

serves an important deterrent function. HUD is hopeful that such

referrals will aid in the collection of funds due to public housing

agencies. This will provide funds needed for housing assistance to

needy families.

Records concerning a Federal employee's receipt of excessive

housing assistance and repayment of the same will only be referred to

Federal agencies after the public housing agencies have provided the

Federal employee with administrative due process.

As required by 5 U.S.C. 552a(r), the Office of Management and

Budget, the Senate Committee on Governmental Affairs, and the House

Committee on Government Operations have been notified of this action. 5

U.S.C. 552(e)(11) requires that the public be provided a 30-day period

in which to comment on the intended use of the information in the

system of records.

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

Issued at Washington, DC, March 14, 1994.

Marilynn A. Davis,

Assistant Secretary for Administration.

HUD/PIH-1

Tenant Eligibility Verification Files

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7. Records concerning an individual's receipt of excessive housing

assistance, including the individual's actions to repay the same, may

be disclosed to the Federal agency that employs such individual, for

the purpose of notifying the employer of potential violations of the

Standards of Ethical Conduct for Employees of the Executive Branch.

[FR Doc. 94-7489 Filed 3-29-94; 8:45 am]

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