[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57643-57645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27836]


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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

[[Page 57644]]

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]
BILLING CODE 4201-01-P