94-7489. Privacy Act of 1974; Proposed Amendment to a System of Records

[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7489]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Administration
[Docket No. N-94-3738; FR-3678-N-01]

 

Privacy Act of 1974; Proposed Amendment to a System of Records

AGENCY: Office of the Assistant Secretary for Administration, HUD.

ACTION: Notification of a proposed amendment to an existing system of 
records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 
U.S.C. 552a, HUD proposes to amend its system of records entitled 
``Tenant Eligibility Verification Files, HUD/PIH-1.'' Notice of this 
system was published at 58 FR 37600, July 12, 1993.

    The new routine use will permit HUD to initiate referrals to 
Federal agencies of records concerning a Federal employee's receipt of 
excessive housing assistance, including actions taken by the employee 
to repay the excessive assistance. These referrals will provide Federal 
employers with information needed to ensure effective implementation of 
the Standards of Ethical Conduct for Employees of the Executive Branch, 
5 CFR part 2635. In addition, such referrals will facilitate counseling 
Federal employees, as needed, regarding the repayment of debts--an 
obligation under the Standards of Ethical Conduct. The employee 
counseling may be an effective means to preclude the need for 
garnishment of debt from employees that is now permitted under the 
Hatch Act Amendments of 1993. Additionally, Federal employers may 
initiate disciplinary and corrective actions for employees who violate 
the Standards of Ethical Conduct.

EFFECTIVE DATE: This amendment shall become effective without further 
notice in 30 calendar days (April 29, 1994) unless comments are 
received on or before that date which would result in a contrary 
determination.

ADDRESSES: Interested persons are invited to submit comments regarding 
this routine use 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 
[phone], or David L. Decker, Director, Computer Matching 
Activities, Office of the Public and Indian Housing Comptroller, 
Telephone Number [phone]. (These are not toll free numbers.)

SUPPLEMENTARY INFORMATION: The additional routine use described in the 
notice is consistent with the Standards of Ethical Conduct for 
Employees of the Executive Branch, 5 CFR part 2635.
    Specifically, the new routine use is consistent with 5 CFR 
2635.101(b)(12), which requires employees to satisfy in good faith 
their obligations as citizens, including all just financial 
obligations. Further, the new routine use is consistent with the 
general principle in 5 CFR 2635.101(b)(11) that employees shall 
disclose waste, fraud and abuse to appropriate authorities. 
Disciplinary and corrective actions may be initiated by Federal 
employers based on 5 CFR 2635.106.
    In addition to identifying potential violations of the Standards of 
Ethical Conduct for Employees of the Executive Branch, referral to 
Federal employers of records concerning an employee's indebtedness 
serves an important deterrent function. HUD is hopeful that such 
referrals will aid in the collection of funds due to public housing 
agencies. This will provide funds needed for housing assistance to 
needy families.
    Records concerning a Federal employee's receipt of excessive 
housing assistance and repayment of the same will only be referred to 
Federal agencies after the public housing agencies have provided the 
Federal employee with administrative due process.
    As required by 5 U.S.C. 552a(r), the Office of Management and 
Budget, the Senate Committee on Governmental Affairs, and the House 
Committee on Government Operations have been notified of this action. 5 
U.S.C. 552(e)(11) requires that the public be provided a 30-day period 
in which to comment on the intended use of the information in the 
system of records.

    Authority: 5 U.S.C. 552a.

    Issued at Washington, DC, March 14, 1994.
Marilynn A. Davis,
Assistant Secretary for Administration.
HUD/PIH-1
    Tenant Eligibility Verification Files
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    7. Records concerning an individual's receipt of excessive housing 
assistance, including the individual's actions to repay the same, may 
be disclosed to the Federal agency that employs such individual, for 
the purpose of notifying the employer of potential violations of the 
Standards of Ethical Conduct for Employees of the Executive Branch.
[FR Doc. 94-7489 Filed 3-29-94; 8:45 am]
BILLING CODE 4210-01-M