Privacy Act; Proposed New System of Records

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4456-N-02]

Privacy Act; Proposed New System of Records

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Establish a new system of records.

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SUMMARY: The Department of Housing and Urban Development (HUD) proposes

to establish a new record system to add to its inventory of systems of

records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The proposed new system of record is entitled Compliance Case Tracking

System (CCTS-F73), HUD/EC-01. This system of records contains

information on individuals, corporations, partnerships, associations,

unit of government or legal entities who have been suspended, or

debarred, or who are ineligible to participate in HUD programs or those

whose records of participation in HUD programs are being reviewed for

possible administrative actions to exclude them from further

participation.

DATES: Effective date: This action shall be effective without further

notice in 30 calendar days (July 24, 1999) unless comments are received

during or before this period that would result in a contrary

determination.

Comments due by: July 26, 1999.

ADDRESSES: Interested persons are invited to submit comments regarding

this new system of records 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 Richard Delaubansels,

Compliance Analyst, Telephone Number (202) 708-3041 extension 3569.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5

U.S.C. 552a), as amended notice is given that HUD proposes to establish

a new system of records identified as HUD/EC-01, Compliance Case

Tracking System (CCTS-F73).

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 new system report was submitted to the Office of Management and

Budget (OMB), the Senate Committee on Governmental Affairs, and the

House Committee on Government Operations pursuant to paragraph 4c of

Appendix 1 to OMB Circular No. A-130, ``Federal Responsibilities for

Maintaining Records About Individuals,'' July 25, 1994; 59 FR 37914.

Authority: 5 U.S.C. 552a 88 Stat. 1896; 342 U.S.C. 3535(d).

Dated: June 14, 1999.

Glorida R. Parker,

Chief Information Officer.

HUD/EC-01

System name:

Compliance Case Tracking System (CCTS--F73).

System location:

HUD Computer Center, Lanham, Maryland.

Categories of individuals covered by the system:

Any individual, corporation, partnership, association, unit of

government or legal entity, however organized,--except; foreign

governments or foreign governmental entities, public international

organizations, foreign government owned (in whole or in part) or

controlled entities, and entities consisting wholly or partially to

foreign governments or foreign governmental entities--proposed for

debarment, suspended, debarred, or voluntarily excluded government-

wide, unless otherwise noted, from Federal procurement and sales

programs, non-procurement programs, and financial benefits. An

exclusion may be based on the Federal Acquisition Regulation (FAR) 9.4;

Federal Property Management Regulation (FPMR) 101-45.6; Government

Printing Office (GPO) Instruction 110.11 A; U.S. Postal Service (PS)

Publication 41; the Non-procurement Common rule; or the authority of a

statute, Executive Orders 12549 and 12689 or regulation applying to

procurement or non-procurement programs. Following are some examples of

individuals or persons (proposed for debarment, debarred, suspended, or

voluntarily excluded): participants who are direct or indirect

recipients of HUD funds; and those who represent entities such as

contractors or corporations who are participants in HUD FHA assisted or

sponsored programs including mortgage insurance programs.

Categories of records in the system:

The automated database contains pertinent information obtained from

hard copy compliance case files. These automated records contain, but

are not limited to: Names; addresses of all persons proposed for

debarment; persons debarred, suspended, or excluded by a Limited Denial

of Participation (LDP) action; cross-references when more than one name

is involved in a single action; the type of action; the cause of the

action; the scope of the action; any termination date for each listed

action; and the agency name and telephone number of the agency point of

contact for the action. The system also contains records of referrals

for administrative sanction action where action is pending or where no

action was taken.

Authority for maintenance of the system:

Executive Orders 12549 and 12689; U.S.C. 31, 41, and 42.

[[Page 33901]]

Purpose(s):

To the extent permitted by law, executive departments and agencies

shall participate in a government-wide system for the following

purposes: (1) To exclude from Federal financial and non-financial

assistance and benefits under Federal programs and activities those who

have been debarred or suspended; and (2) to include in the List of

Parties Excluded from Federal Procurement and Nonprocurement Programs

all persons proposed for debarment, debarred, suspended, or excluded by

a Limited Denial of Participation (LDP).

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, these records, or information contained

therein, may specifically be disclosed outside of the agency as routine

use pursuant to 5 U.SC. 552a(b)(3) as follows, provided that no routine

use listed shall be construed to limit or waive any other routine use

specified herein:

(a) Internal Revenue Service (IRS)--for the purpose of effecting an

administrative offset against the debtor for a delinquent debt owed to

the U.S. Government by the debtor.

(b) Department of Justice (DOJ)--for prosecution of fraud, and for

the institution of suit or other proceedings to effect collection of

claims.

(c) General Accounting Office (GAO)--for further collection action

on any delinquent account when circumstances warrant.

(d) Outside collection agencies and credit bureaus--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

for further collection action.

(e) U.S. General Services Administration (GSA)--for compilation and

maintenance of a List of Parties Excluded From Federal Procurement and

Non-procurement Programs in accordance with a recommendation from the

Interagency Committee on Debarment and Suspension, and identification

and monthly distribution of a list of those parties excluded throughout

the U.S. Government (unless otherwise noted) from receiving Federal

contracts or certain subcontracts and from certain types of federal

financial and non-financial assistance and benefits.

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

The automated records are stored and saved in access files in the

CCTS (F73 System).

Retrievability:

These records are retrieved by names of individuals and companies.

Safeguards:

The automated records are stored and saved in limited access files

in the CCTS (F73 System) and available only to those persons whose

official duties require such access.

RETENTION AND DISPOSAL

CCTS (F73 System) users, in accordance with internal retention

procedures, maintain records relating to each suspension or debarment

action taken by the Agency. Automated records are retained in the CCTS

(F73 System) and kept up to date.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Departmental Enforcement Center, 1250 Maryland Avenue,

Southwest, Suite 200, Washington, DC 20024.

NOTIFICATION PROCEDURES:

For information, assistance, or inquiry about the existence of

records, contact the Privacy Act Officer at HUD, 451 7th Street, SW,

room P8202, Washington, DC 20410, in accordance with the procedures in

24 CFR Part 16.

RECORD ACCESS PROCEDURES:

The Department's rule for providing access to records to the

individual concerned appear in 24 CFR, part 16. If additional

information or assistance is required, contact the Privacy Act Officer

at HUD, 451 7th Street SW, room P8202, Washington, DC 20410.

CONTESTING RECORD PROCEDURES:

The Department's rules for contesting the contents of records and

appealing initial denials, by the individual concerned appear in 24

CFR, part 16. If additional information or assistance is needed, it may

be obtained by contacting: (i) In relation to contesting contents of

records, the Privacy Act Officer at HUD, 451 7th Street, SW, room

P8202, Washington, DC 20410; and (ii) in relation to appeals of initial

denials, the Department of Housing and Urban Development (HUD),

Departmental Privacy Appeals Officer, Office of General Counsel, HUD,

451 Seventh Street, Southwest, Washington, DC 20410.

RECORD SOURCE CATEGORIES:

IInformation in this system of records is obtained from any source

which has information to provide concerning the existence of a cause

for administrative sanction. Examples of record sources include, but

are not limited to HUD employees, Federal government agencies, non-

federal government agencies, Federal and state courts, financial

institutions, state and local law enforcement offices, and regulatory

or licensing agencies.

EXEMPTIONS FOR CERTAIN PROVISIONS OF THE ACT:

None.

[FR Doc. 99-16135 Filed 6-23-99; 8:45 am]

BILLING CODE 4210-01-M