[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26019]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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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.

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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.
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[FR Doc. 94-26019 Filed 10-19-94; 8:45 am]
BILLING CODE 4210-01-M