Privacy Act of 1974; Proposed New System of Records

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4456-N-07]

Privacy Act of 1974; 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 records is entitled Departmental Tracking

System (DTS), V02A, HUD/EC-02. This system of records contains

information on program participants who are direct or indirect

recipients of HUD funds and who are subject to enforcement action due

to fraud, waste, abuse and mismanagement of HUD funds. Information from

this system will be used to determine whether these individuals are

eligible to receive or to continue to receive federal financial and

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non-financial assistance and benefits under federal programs and

activities.

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

notice in 30 calendar days unless comments are received during or

before this period that would result in a contrary determination.

Comments Due Date: November 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.

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-02, Departmental Tracking

System (DTS), VO2A.

Title 5 U.S. 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 Reform 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: October 19, 1999.

Gloria R. Parker,

Chief Information Officer.

HUD/EC-02

System Name:

Departmental Tracking System (DTS), V02A.

System Location:

HUD Headquarters and HUD Computer Center, Lanham, Maryland.

Categories of individuals covered by the system:

Individuals covered consist of any program participant who is a

direct or indirect recipient of HUD funds and who is subject to

enforcement action due to fraud, waste, abuse and mismanagement of HUD

funds. Individuals would include: Mortgagors, mortgagees, partners,

partnerships, associations, trustees, boards, board members, managers,

developers, sponsors, builders, administrators, executives, tenants,

employees, health care providers, vendors, consultants, bidders,

brokers, appraisers, borrowers, sellers, contractors, corporations

(include non-profits), attorneys, underwriters, inspectors, grant

recipients, accountants, real estate and closing agents, companies, and

units of government (however organized).

Categories of records in the system:

Categories of records include pertinent information obtained from

other automated systems such as: Name, address, title, job

classification; identifying numbers such as social security number, tax

identification number, project, and program identification numbers, and

violations; sanctions including debarments, suspensions, Limited Denial

of Participation (LDP), indictments, judgments, convictions, civil

money penalties, reprimands, fines, settlement agreements,

foreclosures, removal of program participants, takeovers,

receiverships, 2530 denials, revocation of designation, grant and

subsidy sanctions; and all enforcement actions taken by or on behalf of

the Department.

Authority for maintenance of the system:

42 U.S.C. 3533 and 3535

Purpose(s):

The DTS is being developed to serve the following purposes: (1) To

establish an agency-wide database that will allow personnel to access

and track information to generate reports on all of the Department's

efforts to eliminate fraud, waste, abuse and mismanagement in all HUD

programs, and (2) to provide a mechanism to cross reference and match

data on individuals against which an enforcement action has been taken

or is in the process of being taken. This information may be used to

determine whether those individuals are eligible to receive or to

continue to receive federal financial and non-financial assistance and

benefits under federal programs and activities.

Routine uses of records maintained in the system, including categories

of users and purposes of such uses are:

See General Statement of Routine Use paragraphs in prefatory

statement, which are disclosures generally permitted under 5 U.S.C. 552

a(b) of the Privacy Act. In addition to those disclosures generally

permitted under the Privacy Act, these records or information contained

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

use pursuant to 5 U.S.C. 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 investigation and litigation

and representation of HUD before the courts and performance of all

legal work incident thereto;

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. Congress and the General Accounting Office (GAO) to provide

reports on the Department's efforts to restore public trust.

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

and disposing of records in the system:

Storage:

Electronic records will be stored in the DTS (V02A System).

Printouts will be stored manually in locked and lockable metal file

cabinets and desk drawers.

Retrievability:

Electronic records may be retrieved by individual or company name,

case name, HUD/FHA program case number, social security number, tax/

employee Identification number. Printouts may be retrieved manually

from metal cabinets and drawers in the manner in which they are filed.

Safeguards:

Automated records will be saved in the DTS (V02A System) and

accessed by authorized personnel who must use secured passwords to

enter the system. Printouts are maintained in file cabinets

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and drawers within a limited access area.

Retention and disposal:

Automated records will be retained in the DTS (V02 System) and

updated. Printouts will be disposed of in accordance with HUD Handbook

2225.6.

System manager(s) and address:

Director, Departmental Enforcement Center, Portals Building, Suite

200, 1250 Maryland Avenue, SW, Washington, D.C. 20024.

Notification procedure:

For information, assistance, or inquiry about the existence of

records, contact the Privacy Act Officer at the appropriate location,

in accordance with procedures in 24 CFR part 16. A list of all

locations is given in Appendix A.

Record Access Procedures:

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

individuals concerned appear in 24 CFR part 16. If additional

information or assistance is required, contact the Privacy Act Officer

at the appropriate location. A list of all locations is given in

Appendix A.

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 the appropriate location (a list of

all locations is given in Appendix A) and (ii) in relation to appeals

of initial denials, the Department of Housing and Urban Development

Departmental Privacy Appeals Officer, Office of General Counsel,

Department of Housing and Urban Development, 451 Seventh Street, SW,

Washington, DC 20410.

Record source categories:

The Departmental Tracking System will interface with other HUD

information systems to extract pertinent data for tracking and

reporting.

Exemptions from Certain Provisions of the Act:

None.

Appendix B--Departmental Enforcement Center Headquarters and Satellite

Office Locations

U. S. Department of Housing and Urban Development, Departmental

Enforcement Center, Portals Building 1250 Maryland Avenue, SW, Suite

200, Washington, DC 20024

HUD Illinois Enforcement Center, Ralph H. Metcalfe Federal building

77 West Jackson Boulevard, Room 2207, Chicago, IL 60604-3507

HUD Georgia Enforcement Center, Richard B. Russell Federal Building

75 Spring Street, SW, Room 1070, Atlanta, GA 30303-3388

HUD Ft. Worth Enforcement Center, Federal Building 819 Taylor

Street, Room 13A47, Ft. Worth, TX 76113

HUD Los Angeles Enforcement Center, 611 West 6th Street, Suite 3800,

Los Angeles, CA 90017-3127

HUD New York Enforcement Center, 26 Federal Plaza, Room 3237, New

York, NY 10278-0068

[FR Doc. 99-27836 Filed 10-25-99; 8:45 am]

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