[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Notices]
[Pages 33900-33901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16135]


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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