[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28999]
[[Page Unknown]]
[Federal Register: November 25, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[Docket No. N-94-3837; FR-3827-N-01]
Privacy Act of 1974; Proposed Amendment to a System 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
December 27, 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. 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.
This is not a toll-free number.
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 add a new routine use disclosure to this
system of records. Specifically, the Resolution Trust Corporation (RTC)
will be added as a routine use disclosure. RTC will use the records
obtained from this system of records to prescreen potential contractors
for bad debts prior to acquiring their services.
The amended portion of the system notice is set forth below.
Previously, the system and a prefatory statement containing the general
routine uses 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, November 17, 1994.
Willie H. Gilmore,
Deputy Assistant Secretary for Resource Management and Operations.
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 discharge 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 administered 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, Justice 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.
(q) To the Resolution Trust Corporation--to prescreen potential
contractors for bad debts prior to acquiring their services.
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. 1681a(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.
[FR Doc. 94-28999 Filed 11-23-94; 8:45 am]
BILLING CODE 4210-01-M
