Privacy Act of 1974; Proposed Amendment to Systems of Records

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Administration

[FR-3918-N-01]

Privacy Act of 1974; Proposed Amendment to Systems of Records

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

ACTION: Notification of proposed amendments to five existing systems of

records.

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

U.S.C. 552a, the Department of Housing and Urban Development is giving

notice that it intends to amend the following Privacy Act systems of

records: Property Improvement and Manufactured (Mobile) Home Loans-

Default (HUD/Dept-28), Mortgages--Delinquent/Default/Assigned/Temporary

Mortgage Assistance Payments (TMAP) Program (HUD/Dept-32), Single

Family Case Files (HUD/Dept-46), Rehabilitation Grants and Loans Files

(HUD/Dept-29) and Rehabilitation Loans--Delinquent/Default (HUD/CPD-1).

EFFECTIVE DATE: These amendments will be effective without further

notice on July 12, 1995, unless comments are received that would result

in a contrary determination.

ADDRESSES: Interested persons are invited to submit comments regarding

the proposed amendments to the Rules Docket Clerk, Office of General

Council, 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 the 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.

This is not a toll-free number.

SUPPLEMENTARY INFORMATION: HUD/Dept-28, HUD/Dept-29, HUD/Dept-32, HUD/

Dept-46 and HUD/CPD-1 are being amended to allow the release of

relevant sales information to prospective purchasers for sale of

mortgages, loans or insurance premiums or charges. The new routine use

will read as follows: To prospective purchasers--for sale of mortgages,

loans or insurance premiums or charges.

The amended portion of the system notice is set forth below.

Previously, the system and a prefatory statement containing the general

routine uses applicable to all HUD systems of records was published in

the ``Federal Register Privacy Act Issuances, 1991, 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 Governmental Affairs of the United States

Senate, the Committee on Government Reform and Oversight of the House

of Representatives, 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 36075, July 2, 1993).

Authority: 5 U.S.C. 552a; 88 Stat. 1986; sec 7(d), Department of

HUD Act (42 U.S.C. 3535(d)).

Issued at Washington, DC, May 31, 1995.

Marilynn A. Davis,

Assistant Secretary for Administration.

HUD/Dept-28

Property Improvement and Manufactured (Mobile) Home Loans-Default.

* * * * *

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 Department of Justice for prosecution of fraud in the

course of claims collection efforts and for the institution of suit or

other proceedings to effect collection of claims;

(b) To the FBI to investigate possible fraud revealed in the course

of claims collection efforts.

(c) General Accounting Office--for audit purposes.

(d) Private employers and Federal agencies to facilitate collection

of claims against employees. [[Page 30894]]

(e) Office of Personnel Management--for offsetting retirement

payments.

(f) Consumer reporting and commercial credit agencies--to

facilitate claims collection consistent with Federal Claims Collection

Standards, 4 CFR 102.4.

(g) To financial institutions that originated or serviced loans to

give notice of disposition of claims.

(h) To title insurance companies for payment of liens.

(i) To local recording offices for filing assignments of legal

documents, satisfactions, etc.

(j) To bankruptcy courts for filing of proofs of claim.

(k) To HUD contractors for debt servicing.

(l) To state motor vehicle agencies and Internal Revenue Service to

obtain current addresses of debtors.

(m) To prospective purchasers--for sale of mortgages, loans or

insurance premiums or charges.

HUD/Dept-29

Rehabilitation Grants and Loan Files.

* * * * *

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 local agencies for monitoring and carrying out the program.

(b) To financial institutions--for providing supplemental

rehabilitation funds.

(c) To credit reporting agencies, employers, financial

institutions, and retail consumer credit grantors--for verification of

employment and financial status.

(d) To Federal National Mortgage Association and loan servicers--

for loan servicing.

(e) To Internal Revenue Service--for reporting of discharged

indebtedness.

(f) To prospective purchasers--for sale of mortgages, loans or

insurance premiums or charges.

HUD/Dept-32

Delinquent/Default/Assigned/Temporary Assistance Payments (TMAP)

Program.

* * * * *

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 FHA--for insurance investigations.

(b) To the Internal Revenue Service and the General Accounting

Office for investigations.

(c) To state banking agencies to aid in processing mortgagor

complaints.

(d) To mortgagees--to verify information provided by new loan

applicants and to evaluate credit worthiness.

(e) To counseling agencies for counseling.

(f) To Legal Aid--to assist mortgagors.

(g) To HUD TMAP contractor for processing TMAP.

(h) To other Federal agencies for the purposes of collecting debts

owed to the Federal Government by administrative or salary offset.

(i) To prospective purchasers--for sale of mortgages, loans or

insurance premiums or charges.

HUD/DEPT-46

Single Family Case Files.

* * * * * * *

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 welfare agencies for fraud investigation.

(b) To the Department of Veterans Affairs for coordination with HUD

in processing construction complaints.

(c) To Congressional delegation--providing information concerning

status of complaints.

(d) Complainants and attorneys representing them--for review of

complainant file for status and information.

(e) Builders and attorneys representing them--for review of

complainant files for status information.

(f) To holders of secondary mortgages--to determine the outstanding

balance due to HUD on a Secretary-held mortgage.

(g) To prospective purchasers--for sale of mortgages, loans or

insurance premiums or charges.

HUD/CPD-1

Rehabilitation Loans-Delinquent/Default.

* * * * * * *

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) Department of Justice--for prosecution of fraud revealed in the

course of claims collection efforts and for the institution of suit or

other proceedings to effect collection of claims.

(b) To the Federal Bureau of Investigation--for investigation of

possible fraud revealed in the course of claims collection efforts.

(c) General Accounting Office--for audit purposes.

(d) To private employers and Federal agencies to facilitate

collection of claims against employees.

(e) To the Office of Personnel Management--for offsetting retiring

payments.

(f) To consumer reporting and commercial credit agencies to

facilitate claims collection consistent with Federal Claims Collection

Standards, 4 CFR 102.4.

(g) To financial institutions that serviced loans--to give notice

of disposition of claims.

(h) To local recording offices for filing assignments of legal

documents, satisfactions, etc.

(i) To bankruptcy courts for filing of proofs of claim.

(j) To local agencies that service HUD Section 312 Rehabilitation

loans--to aid in the collection of delinquent loans.

(k) To counseling agencies to provide counseling and assistance in

the collection of delinquent Section 312 loans in accordance with HUD/

Dept-22

(l) To state motor vehicle agencies and Internal Revenue Service--

to obtain current addresses of debtors.

(m) To prospective purchasers--for sale of mortgages, loans or

insurance premiums or charges.

[FR Doc. 95-14250 Filed 6-9-95; 8:45 am]

BILLING CODE 4210-01-M