Privacy Act of 1974; Proposed New System of Records

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

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