Notice2024-00277
Privacy Act of 1974; System of Records
Primary source
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Published
January 10, 2024
Issuing agencies
Housing and Urban Development Department
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Housing and Urban Development (HUD), Office of the Chief Financial Officer (OCFO) Accounting Operations Center, is issuing a public notice of its intent to create a new system of records titled, "HUD Remittance and Debt Collection." The purpose of the HUD Remittance and Debt Collection (HRDC) is to provide OCFO with the ability to track debts and remittances.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1587-1589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00277]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7092-N-07]
Privacy Act of 1974; System of Records
AGENCY: Office of the Chief Financial Officer, HUD.
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Housing and Urban Development (HUD),
Office of the Chief Financial Officer (OCFO) Accounting Operations
Center, is issuing a public notice of its intent to create a new system
of records titled, ``HUD Remittance and Debt Collection.'' The purpose
of the HUD Remittance and Debt Collection (HRDC) is to provide OCFO
with the ability to track debts and remittances.
DATES: Comments will be accepted on or before February 8, 2024. This
proposed action will be effective on the date following the end of the
comment period unless comments are received which result in a contrary
determination.
ADDRESSES: You may submit comments, identified by docket number or by
one of the following methods:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#601717174e10120916010319200815044e070f16"><span class="__cf_email__" data-cfemail="374040401947455e4156544e775f425319505841">[email protected]</span></a>.
Mail: Attention: Privacy Office; LaDonne White, Chief Privacy
Officer; The Executive Secretariat; 451 Seventh Street SW, Room 10139;
Washington, DC 20410-0001.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: LaDonne White; 451 Seventh Street SW,
Room 10139; Washington, DC 20410-0001; telephone number (202) 708-3054
(this is not a toll-free number). HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: HUD, Office of the Chief Financial Officer
(OCFO) maintains the ``HUD Remittance and Debt Collection (HRDC)''
system of records. HRDC allows data from multiple sources to be
integrated into a single store. It tracks remittances and debts along
with debtor information to facilitate debt servicing and posting
transactions in the general ledger. Information is collected from
multiple sources. OCFO Accounting Operations Center collects via
encrypted email, paper/mail, official form (sent via mail/encrypted
email), and/or federal (public) information system. The gathered
researched data is then entered into the Remittance Management and Debt
Tracking database.
The Debt Tracking sources are Program Office Action Officials
(Repayment Agreements), Office of the Inspector General, District
Courts (Judgment in a Criminal Case), and the Public Access to Court
Electronic Records (PACER) System.
The Remittance Management sources are Treasury's Collection
Information Repository (CIR) which includes Fedwire--Federal Reserve
Bank of New York, Electronic Check Processing (ECP)--Lockboxes, and
<a href="http://Pay.gov">Pay.gov</a>; and Treasury's Intra-governmental Payments and Collections
(IPAC) System.
SYSTEM NAME AND NUMBER:
HUD Remittance and Debt Collection (HRDC), HUD/CFO-05.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the HUD OCFO, Accounting Operations
Center, 307 W 7th St., Suite 1000, Fort Worth, TX 76102-5100.
SYSTEM MANAGER(S):
Mary L. Dominguez, Director, Office of the Chief Financial Officer,
Accounting Operations Center, 307 W 7th St., Suite 1000, Fort Worth, TX
76102-5100; Phone (817) 978-5669.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 1749
(1982), as amended by the Debt Collection Improvement Act of 1996, 31
U.S.C. 3701-3720E (original version at Pub. L. 104-134, 110 Stat. 132
(1996)), the Federal Debt Collection Procedures Act of 1990, 28 U.S.C.
3001-3308 (original version at Pub. L. 101-647, 104 Stat. 4789 (1990))
and chapter 31 of title 44, United States Code, and HUD Debt Collection
Handbook, 1900.25 Rev-5.
PURPOSE(S) OF THE SYSTEM:
The HRDC database allows HUD OCFO to track remittances and debts.
OCFO Accounting Operations Centers collects and maintains debtors'
information to locate and correspond with them to collect/resolve their
debts. The information is used to perform legal, financial, and
administrative services associated with the collection of debts due to
the United States, ultimately posting to debtor accounts (general
ledger) and for financial reporting.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals or grantees that have been adjudicated to owe a debt or
criminal restitution to the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:
Debtor's full name, social security number (SSN), Home address and
telephone number.
RECORD SOURCE CATEGORIES:
The Debt Tracking sources are Program Office Action Officials
(Repayment Agreements), Office of the Inspector General (Form 15-G),
District Courts (Judgment in a Criminal Case), and the Public Access to
Court Electronic Records (PACER) System.
The Remittance Management sources are Treasury's Collection
Information Repository (CIR) which includes Fedwire--Federal Reserve
Bank of New York, Electronic Check Processing (ECP)--Lockboxes, and
<a href="http://Pay.gov">Pay.gov</a>; and Treasury's Intra-governmental Payments and Collections
(IPAC) System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
(1) To the Department of Treasury, Bureau of Fiscal Service, who
provides debt and cash collection services for HUD as follows:
(a) Administrative Offset (Debt Collection): offsets Federal tax
refund payments and non-tax payments certified for disbursement to the
debtor to recover a delinquent debt.
(b) Cross-servicing (Debt Collection): pursues recovery of
delinquent debts on behalf of Federal agencies using debt collection
tools authorized by statute,
[[Page 1588]]
such as private collection agencies, administrative wage garnishment,
or public dissemination of an individual's delinquent indebtedness; or
any other legitimate debt collection purpose.
(2) To the Department of Treasury, Internal Revenue Services (IRS)
for the purposes of reporting canceled debt on form IRS 1099-C.
(3) To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed that there has been a breach of the system of
records, (2) HUD has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, HUD's
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with HUD's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
(4) To another Federal agency or Federal entity, when HUD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(5) To appropriate Federal, State, local, tribal, or other
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, where HUD determines that the information would assist in the
enforce civil or criminal laws, when such records, either alone or in
conjunction with other information, indicate a violation or potential
violation of law.
(6) To a court, magistrate, administrative tribunal, or arbitrator
in the course of presenting evidence, including disclosures to opposing
counsel or witnesses in the course of civil discovery, litigation,
mediation, or settlement negotiations; or in connection with criminal
law proceedings; when HUD determines that use of such records is
relevant and necessary to the litigation and when any of the following
is a party to the litigation or have an interest in such litigation:
(1) HUD, or any component thereof; or (2) any HUD employee in his or
her official capacity; or (3) any HUD employee in his or her individual
capacity where HUD has agreed to represent the employee; or (4) the
United States, or any agency thereof, where HUD determines that
litigation is likely to affect HUD or any of its components.
(7) To any component of the Department of Justice or other Federal
agency conducting litigation or in proceedings before any court,
adjudicative, or administrative body, when HUD determines that the use
of such records is relevant and necessary to the litigation and when
any of the following is a party to the litigation or have an interest
in such litigation: (1) HUD, or any component thereof; or (2) any HUD
employee in his or her official capacity; or (3) any HUD employee in
his or her individual capacity where the Department of Justice or
agency conducting the litigation has agreed to represent the employee;
or (4) the United States, or any agency thereof, where HUD determines
that litigation is likely to affect HUD or any of its components.
(8) To contractors, grantees, experts, consultants and their
agents, or others performing or working under a contract, service,
grant, cooperative agreement, or other agreement with HUD, when
necessary to accomplish an agency function related to a system of
records. Disclosure requirements are limited to only those data
elements considered relevant to accomplishing an agency function.
(9) To a congressional office from the record of an individual, in
response to an inquiry from the congressional office made at the
request of that individual.
Pursuant to 31 U.S.C. 3711(e) that information contained in this
system of records may also be disclosed to a consumer reporting agency
when trying to collect a claim owed on behalf of the government.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and Electronic.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Debtor's Full Name, SSN, Home Address, Telephone number, and
Assigned Account Number.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Record retention is in conformance with National Archives and
Records Administration (NARA) General Records Schedule (GRS) 1.1:
Financial Management and Reporting Records; DAA-GRS-2013-0003.
Financial transaction records related to procuring goods and services,
paying bills, collecting debts and accounting records. Destroy 6 years
after final payment or cancellation, but longer if required for
business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Only authorized users in the OCFO, Accounting Operations Center
will have access to system data. Entities outside of the Accounting
Operations Center do not have direct access to the database. All OCFO
employees are required to complete information systems security
training annually and are reminded periodically about policies and
procedures in this area.
Other safeguards are implemented. Paper records are stored in
locked file cabinets.
Administrative Safeguards: Paper records are stored in locked file
cabinets.
Technical Safeguards: Comprehensive electronic records are
maintained and stored on a shared drive in an electronic encryption
database system. These records can only be accessed based off the
user's rights and privileges to the system. Electronic records are
stored on the Shared Drive environment, which runs on the Department's
network (HUD). This environment complies with the security and privacy
controls and procedures as described in the Federal Information
Security Management Act (FISMA), National Institute of Standards and
Technology (NIST) Special Publications, and Federal Information
Processing Standards (FIPS). A valid HSPD-12 ID Credential, access to
HUD's LAN, a valid User ID and Password and a Personalized
Identification Number (PIN) is required to access the records. These
records are restricted to only those persons with a role in the Anti-
Harassment Program, having a need to access them in the performance of
their official duties.
For Electronic Records (cloud based): Comprehensive electronic
records are secured and maintained on a cloud-based software server and
operating system that resides in Federal Risk and Authorization
Management Program (FedRAMP) and Federal Information Security
Management Act (FISMA) Moderate dedicated hosting environment. All data
located in the cloud-based server is firewalled and encrypted at rest
and in transit. The security mechanisms for handing data at rest and in
transit are in accordance with HUD encryption standards.
[[Page 1589]]
RECORD ACCESS PROCEDURES:
Individuals requesting records of themselves should address written
inquiries to the Department of Housing Urban and Development, 451 7th
Street SW, Washington, DC 20410-0001. For verification, individuals
should provide their full name, current address, and telephone number.
In addition, the requester must provide either a notarized statement or
an unsworn declaration made under 24 CFR 16.4.
CONTESTING RECORD PROCEDURES:
The HUD rule for contesting the content of any record pertaining to
the individual by the individual concerned is published in 24 CFR 16.8
or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals requesting notification of records of themselves should
address written inquiries to the Department of Housing Urban
Development, 451 7th Street SW, Washington, DC 20410-0001. For
verification purposes, individuals should provide their full name,
office or organization where assigned, if applicable, and current
address and telephone number. In addition, the requester must provide
either a notarized statement or an unsworn declaration made under 24
CFR 16.4.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
N/A.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2024-00277 Filed 1-9-24; 8:45 am]
BILLING CODE 4210-67-P
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</html>Indexed from Federal Register on January 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.