[Federal Register Volume 72, Number 218 (Tuesday, November 13, 2007)]
[Notices]
[Pages 63919-63921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22077]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5130-N-14]


Privacy Act of 1974; Amendment to Existing Systems of Records, 
Debt Collection Asset Management System

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice of an amendment to two existing Systems of Records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), HUD is amending one of Privacy Act record systems, the 
Debt Collection Asset Management System (DCAMS, HUD/HS 54) notice 
published in the Federal Register on July 26, 2006 (71 FR 36353), to 
include a new routine. The routine use will permit the disclosure of 
data transferred from DCAMS to HUD's Credit Alert Interactive 
Verification Response System (CAIVRS) that makes federal debtor's 
delinquency and claim information available to program agencies and 
approved lenders to verify the creditworthiness of loan applicant's.

DATES: Effective Date: This action shall be effective without further 
notice on December 13, 2007 unless comments are received which will 
result in a contrary determination.
    Comments Due Date: December 13, 2007.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 10276, Washington, DC 20410-0500. Communications should refer to 
the above docket number and title. A copy of each communication 
submitted will be available for public inspection and copying between 8 
a.m. and 5 p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: The Departmental Privacy Act Officer, 
451 Seventh St., SW., Room 4156, Washington, DC 20410, telephone number 
(202) 619-9057. (This is not a toll-free number.) A telecommunication 
device for hearing- and speech-impaired individuals (TTY) is available 
at (800) 877-8339 (Federal Information Relay Service).

SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 552a(e)(4) and (11) provides 
that the public be afforded a 30-day period in which to comment on the 
new systems of records, and require published notice of the existence 
and character of the system of records.
    The new system report was submitted to the Office of Management and 
Budget

[[Page 63920]]

(OMB), the Senate Committee on Homeland Security and Governmental 
Affairs, and the House Committee on Oversight and Government Reform 
pursuant to paragraph 4c of Appendix 1 to OMB Circular No. A-130, 
``Federal Agency 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: November 1, 2007.
Mile Milazzo,
Acting Deputy CIO for IT Operations.
HUD/HS-55

System Name:
    Debt Collection and Asset Management System (DCAMS), which consists 
of two sister systems identified as F71 and F71A.

System Location:
    Mainframe maintained in HUD Headquarters, 451 Seventh Street, SW., 
Suite P-7110, Washington, DC 20410. Records management performed by 
HUD's Financial Operations Center, 52 Corporate Circle, Albany, New 
York 12203.

Categories of Individuals Covered by the System:
    Categories of individuals who have debts resulting from default on 
HUD/FHA-insured Title I loans and from other HUD/FHA loan programs.

Categories of Records in the System:
    The system contains data fields pertaining to defaulted borrowers 
that include defaulted borrowers' names, addresses, Social Security 
Numbers, and phone numbers. The system also contains data fields for 
records relating to payment and other financial account data such as 
debt balance; loan origination information such as date and amount of 
loan; date of default; and collection and account statuses. The system 
also contains narrative remarks (called Case Remarks) that may include 
notes pertaining to discussions with defaulted borrowers and other 
parties; information obtained from public and court records, such as 
assessed property values, lien histories, case information from 
probate, state, and bankruptcy courts; and employer information for 
defaulted borrowers.

Authority for Maintenance of the System:
    HUD is granted the authority in 24 CFR 17.60 through 17.170 to 
collect on claims for money or property arising out of the program 
activities of the Department. HUD's statutory authority for collecting 
and managing claims is found at 5 U.S.C. 5514, 28 U.S.C. 2672, and 31 
U.S.C. 3711, 3716-18, and 3721. The implementing regulations pertaining 
to HUD's debt collection activities and collection and use of personal 
data to support those activities are found at 24 CFR 17.60 through 
17.170.

Purposes:
    The primary purpose of DCAMS is to collect and maintain data needed 
to support activities related to the collection and servicing of 
various HUD/FHA debts. Debt collection and servicing activities include 
sending both automated and manually generated correspondence; making 
official phone calls; reporting consumer data to the credit bureaus; 
supporting collection initiatives, such as wage garnishment, offset of 
federal payments, pursuit of judgments, and foreclosure; and supporting 
defensive litigation related to foreclosure and actions to quiet title. 
It contains information on individuals who have debts resulting from 
default on HUD/FHA insured Title I loans and from other HUD/FHA loan 
programs.

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 
subsection (b) of the Privacy Act of 1974, 5 U.S.C. 522a(b), records 
may also be disclosed routinely to other users under the following 
circumstances:
    1. Records may be disclosed to individuals under contract, 
cooperative agreement, or working agreement with HUD to assist the 
Department in fulfilling its statutory financial and asset management 
responsibilities.
    2. Records may be disclosed during the course of an administrative 
proceeding, where HUD is a party, to an Administrative Law Judge and to 
the interested parties to the extent necessary for conducting the 
proceeding.
    3. Records may be disclosed to the Department of Justice for 
litigation purposes associated with the representation of HUD or other 
Federal agency before the courts.
    4. Records may be disclosed to the Department of Treasury who 
provides collection services for HUD.
    5. Records may be provided to the national credit bureaus for 
credit reporting purposes.
    6. Records may be disclosed to a confidential source to the extent 
necessary to assist the Office of the Inspector General or the 
Government Accounting Office in an investigation or audit.
    7. Records may be disclosed to employers to effect wage 
garnishment.
    8. Records may be disclosed in asset sale transactions to third 
party debt purchasers.
    9. Records may be transmitted to CAIVRS (Credit Alert Interactive 
Verification Reporting System) which is a HUD-sponsored database that 
makes a federal debtor's delinquency and claim information available to 
federal lending and assistance agencies and private lenders who issue 
federally insured or guaranteed loans for the purpose of evaluating a 
loan applicant's creditworthiness.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored electronically in computer hardware devices and 
in hard copy in file cabinets or other secure storage units.

Retrievability:
    Records may be retrieved by computer search via the name, address, 
or Social Security Number of the defaulted borrower and manually by 
combination of account number and name of primary defaulted borrower.

Safeguards:
    Records are maintained in a secure computer network and in locked 
file cabinets in office space with controlled access.

Retention and Disposal:
    Computer records for all active cases are available online in 
DCAMS. Computer records on inactive cases retired from the system are 
removed from the DCAMS online files and retained in batch files. The 
case remarks for these cases remain available online. Some reports can 
be generated based on the information stored in the batch files. 
Computer records for inactive cases that have been purged from the 
system are not retained in a batch file. The financial histories for 
these cases have been printed to microfiche. No other reports are 
available for purged cases. Records stored in paper files for inactive 
cases are retained in a Federal Records Center. Records are disposed of 
and archived in a manner that is consistent with the applicable 
official HUD Records Disposition Schedules and guidelines.

System Manager and Address:
    Lester J. West, Director, HUD, Financial Operations Center, 52 
Corporate Circle, Albany, New York 12203.

[[Page 63921]]

Notification and Record Access Procedures:
    Individuals seeking to determine whether this system of records 
contains information about them, or those seeking access to such 
records, should address inquiries to the Project Manager of OHHLHC-
CIEF, U.S. Department of Housing and Urban Development, 451 Seventh 
Street, SW., Suite P-7110, Washington, DC 20410. Written requests must 
include the full name, current address, and telephone number of the 
individual making the request, proof of identity, including a 
description of the requester's relationship to the information in 
question. The System Manager will accept inquiries from individuals 
seeking notification of whether the system contains records pertaining 
to them.

Contesting Record Procedures:
    The procedures for requesting amendment or correction of records 
and appealing initial denials appear in 24 CFR part 16. If additional 
information or assistance is required, contact:
    (i) In relation to contesting the content of records, the 
Departmental Privacy Act Officer at HUD, 451 Seventh Street, SW., Room 
4156, Washington, DC 20410; and
    (ii) In relation to appeals of initial denials, the Departmental 
Appeals Officer, Office of General Counsel, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Washington, DC 20410.

Record Source Categories:
    Information may be collected from a variety of sources, including 
HUD, other federal, state, and local agencies, public records, credit 
reports, and HUD-insured lenders and other program participants.

Exemptions from Certain Provisions of the Act:
    None.

 [FR Doc. E7-22077 Filed 11-9-07; 8:45 am]
BILLING CODE 4210-67-P