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particular portion desired and the law enforcement activity for which the record is sought;
(8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;
(9) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;
(10) To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or
(11) Pursuant to the order of a court of competent jurisdiction.
(b) The situations referred to in paragraph (a)(4) of this section include the following:
(1) 5 U.S.C. 552a(c)(4) requires dissemination of a corrected or amended record or notation of a disagreement statement by the Department in certain circumstances:
(2) 5 U.S.C. 552(a)(g) authorizes civil action by an individual and requires disclosure by the Department or the court;
(3) Section 5(e)(2) of the Act authorizes release of any records or information by the Department to the Privacy Protection Study Commission upon request of the Chairman; and
(4) Section 6 of the Act authorizes the Office of Management and Budget to provide the Department with continuing oversight and assistance in implementation of the Act.
(c) The Department shall make an accounting of each disclosure of any record contained in a system of records in accordance with 5 U.S.C. 552a(c) (1) and (2). Except for a disclosure made under 5 U.S.C. 552a(b)(7), the Privacy Act Officer shall make such accounting available to any individual, insofar as it pertains to that individual, on request submitted in accordance with $ 16.4. The Privacy Act Officer shall make reasonable efforts to notify any individual when any record in a system of records is disclosed to any person under compulsory legal process, promptly upon being informed that such process has become a matter of public record.
g 16.12 Fees.
(a) The only fees to be charged to or collected from an individual under the provisions of this part are for copying records at the request of the individual.
(1) No fees shall be charged or collected for the following: Search for and retrieval of the records; review of the records; copying at the initiative of the Department without a request from the individual; transportation of records and personnel; and first class postage.
(2) It is the policy of the Department to provide an individual with one copy of each record corrected or amended pursuant to his or her request without charge as evidence of the correction or amendment.
(3) As requested by the United States Civil Service Commission in its published regulations implementing the Act, the Department will charge no fee to an individual who requests copies of a personnel record covered by that Commission's Government-wide published notice of systems of records. However, when such records are voluminous and the cost of copying would be in excess of five dollars ($5) the Department may, in its discretion, charge a fee.
(b) The copying fees prescribed by paragraph (a) of this section are: $0.10 Each copy of each page, up to 8 1/2" x 14"
made by photocopy or similar process. $0.20 Each page of computer printout with
out regard to the number of carbon copies concurrently printed.
(c) Payment of fees under this section shall be made in cash, or preferably by check or money order payable to the “Treasurer of the United States.” Payment shall be delivered or sent to the office stated in the billing notice or, if none is stated, to the Privacy Act Officer processing the request. Payment may be required in the form of a certified check in appropriate circumstances. Postage stamps will not be accepted.
(d) A copying fee totaling $1 or less shall be waived, but the copying fees for contemporaneous requests by the same individual shall be aggregated to determine the total fee. A copying fee shall not be charged or collected, or alternatively, it may be reduced when
such action is determined by the Privacy Act Officer to be in the public interest.
(e) Special and additional services provided at the request of the individual, such as certification or authentication, postal insurance and special mailing arrangement costs, will be charged to the individual in accordance with other published regulations of the Department pursuant to statute (for example, 31 U.S.C. 433a).
(f) This section applies only to individuals making requests under this part. All other persons shall remain subject to fees and charges prescribed by other and appropriate authorities. (40 FR 39729, Aug. 28, 1975, as amended at 42 FR 29479, June 9, 1977)
8 16.13 Penalties.
(a) The Act provides, in pertinent part:
Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretences shall be guilty of a misdemeanor and fined not more than $5,000. (5 U.S.C. 552a(1)(3))
(b) A person who falsely or fraudulently attempts to obtain records under the Act may also be subject to prosecution under such other criminal statutes as 18 U.S.C. 494, 495 and 1001.
DEPT-24, Investigation Files," primarily consist of information compiled for the purpose of criminal investigations and are associated with identifiable individuals. Therefore, the Secretary has determined that this system of records shall be exempt, consistent with 5 U.S.C. 552a(j)(2), from all requirements of the Privacy Act except 5 U.S.C. 552a (b), (c) (1) and (2), (e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11), and (i) unless elsewhere exempted. (40 FR 39729, Aug. 28, 1975, as amended at 49 FR 20486, May 15, 1984) 8 16.15 Specific exemptions.
Whenever the Secretary of Housing and Urban Development determines it to be necessary and proper, with respect to any system of records maintained by the Department, to exercise the right to promulgate rules to exempt such systems in accordance with the provisions of 5 U.S.C. 552a(k), each specific exemption, including the parts of each system to be exempted, the provisions of the Act from which they are exempted, and the justification for each exemption shall be published in the FEDERAL REGISTER as part of the Department's Notice of Systems of Records.
(a) Exempt under 5 U.S.C. 552a(k)(2) from the requirements of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), (I), and (f). This exemption allows the Department to withhold records compiled for law enforcement purposes. The reasons for adopting this exemption are to prevent individuals, who are the subjects of investigation, from frustrating the investigatory process, to ensure the integrity of the investigatory process, to ensure the integrity of law enforcement activities, to prevent disclosure of investigative techniques, and to protect the confidentiality of sources of information. The names of systems correspond to those published in the FEDERAL REGISTER as part of the Department's Notice of Systems of Records.
(1) HUD/DEPT-15. Equal Opportunity Housing Complaints.
(2) HUD/DEPT-24. Investigation Files in the Office of the Inspector General.
(3) HUD/DEPT-25. Legal Action Files.
(b) Exempt under 5 U.S.C. 552(k)(5) from the requirements of 5 U.S.C. 552a
8 16.14 General exemptions.
(a) Individuals may not have access to records maintained by the Department but which were provided by another agency which has determined by regulation that such information is subject to general exemption under 5 U.S.C. 552a(j). If such exempt records are within a request for access, the Department will advise the individual of their existence and of the name and address of the source agency. For any further information concerning the record and the exemption, the individual must contact that source agency.
(b) The Secretary of Housing and Urban Development has determined that the Office of the Assistant Inspector General for Investigation performs, as its principal function, activities pertaining to the enforcement of criminal laws. The records maintained by that office in a system identified as “HUDI
(cX3), (d), (e)(1), (e)(4), (G), (H), and (I), (3) From subsection (d)(2) because and (f). This exemption allows the De- amendment or correction of the partment to withhold records compiled records could interfere with pending or solely for the purpose of determining prospective law enforcement proceedsuitability, eligibility, or qualifica- ings, or could impose an impossible adtions for Federal contracts, or access ministrative and investigative burden to classified material. The reasons for by requiring the office that maintains adopting this exemption are to insure the records to continuously retrograde the proper functioning of the investiga- its verifications of tenant eligibility tory process, to insure effective deter- attempting to resolve questions of acmination of suitability, eligibility and
curacy, relevance, timeliness and comqualification for employment and to
pleteness. protect the confidentiality of sources
(4) From subsection (e)(1) because it of information. The names of systems
is often impossible to determine relcorrespond to those published in the
evance or necessity of information in FEDERAL REGISTER as part of the De
pre-investigative early stages. The partment's Notice of Systems of Records.
value of such information is a question (1) HUD/DEPT-24. Investigation Files
of judgment and timing; what appears in the Office of the Inspector General.
relevant and necessary when collected (2) HUD/DEPT-25. Legal Action Files.
may ultimately be evaluated and
viewed as irrelevant and unnecessary (c) The system of records entitled "HUD/PIH-1. Tenant Eligibility Ver
to an investigation. In addition, the ification Files" consists in part of in
Assistant Secretary for Public and In
dian Housing, or investigators, may obvestigatory material compiled for law enforcement purposes. Relevant
tain information concerning the violarecords will be used by appropriate
tion of laws other than those within Federal, state or local agencies
the scope of its jurisdiction. In the incharged with the responsibility for in
terest of effective law enforcement, the vestigating or prosecuting violations of Assistant Secretary for Public and Inlaw. Therefore, to the extent that in
dian Housing, or investigators, should formation in the system falls within
retain this information because it may the coverage of subsection (k)(2) of the
aid in establishing patterns of unlawful Privacy Act, 5 U.S.C. 552a(k)(2), the
activity and provide leads for other law system is exempt from the require
enforcement agencies. Further, in obments of the following subsections of taining the evidence, information may the Privacy Act, for the reasons stated
be provided which relates to matters below.
incidental to the main purpose of the (1) From subsection (c)(3) because re inquiry or investigation but which may lease of an accounting of disclosures to
be pertinent to the investigative jurisan individual who may be the subject diction of another agency. Such inforof an investigation could reveal the na
mation cannot readily be identified. ture and scope of the investigation and (d) The system of records entitled could result in the altering or destruc “HUD/PIH-1. Tenant Eligibility Vertion of evidence, improper influencing ification Files" consists in part of maof witnesses, and other evasive actions terial that may be used for the purpose that could impede or compromise the of determining suitability, eligibility, investigation.
or qualifications for Federal civilian (2) From subsection (d)(1) because re employment or Federal contracts, the lease of the records to an individual release of which would reveal the idenwho may become or has become the tity of a source who furnished informasubject of an investigation could inter tion to the Government under an exfere with pending or prospective law press promise that the identity of the enforcement proceedings, constitute an source would be held in confidence. unwarranted invasion of the personal Therefore, to the extent that informaprivacy of third parties, reveal the tion in this system falls within the identity of confidential sources, or re coverage of subsection (k)(5) of the Priveal sensitive investigative techniques vacy Act, 5 U.S.C. 552a(k)(5), the sysand procedures.
tem is exempt from the requirements
of the following subsection of the Pri 17.63 Authority of offices to attempt collecvacy Act, for the reasons stated below. tion of claims. (1) From subsection (d)(1) because re
17.64 Referral of claims to the Assistant
Secretary for Administration. lease would reveal the identity of a
17.65 Authority of offices to compromise source who furnished information to
claims or suspend or terminate collecthe Government under an express tion action. promise of confidentiality. Revealing 17.66 Department claims officer. the identity of a confidential source 17.67 Claims files. could impede future cooperation by 17.68 Monthly report of collection action. sources, and could result in harassment
17.69 Accounting control.
17.70 Record retention. or harm to such sources.
17.71 Suspension or revocation of eligi[42 FR 49810, Sept. 28, 1977, as amended at 59 bility. FR 9407, Feb. 28, 1994]
17.72 Methods of collection and imposition
of late charges.
17.73 Standards for compromise of claims. PART 17-ADMINISTRATIVE CLAIMS
17.74 Standards for suspension or termi
nation of collection action. Subpart A-Claims Against Government 17.75 Referral to GAO or Justice DepartUnder Federal Tort Claims Act
17.76 Disclosure to a consumer reporting GENERAL PROVISIONS
17.77 Contracts for collection services. 17.1 Scope; definitions.
ADMINISTRATIVE OFFSET PROVISIONS
17.100 Scope. 17.2 Administrative claim; when presented;
17.101 Coordinating administrative offset appropriate HUD office.
with another Federal agency. 17.3 Administrative claim; who may file.
17.102 Notice requirements before offset.
17.103 Exceptions to notice requirements. 17.4 Administrative claim; evidence and in
17.104 Review within the Department of a formation to be submitted.
determination of indebtedness. 17.5 Investigations.
17.105 Review of departmental records relat17.6 Claims investigation.
ed to the debt. 17.7 Authority to adjust, determine, com
17.106 Written agreement to repay debt as promise and settle claims.
alternative to administrative offset. 17.8 Limitations on authority.
17.107 Stay of offset. 17.9 Referral to Department of Justice.
17.108 Types of review. 17.11 Final denial of claim.
17.109 Review procedures. 17.12 Action on approved claim.
17.110 Determination of indebtedness and
appeal from determination. Subpart B-Claims Under the Military Per
17.111 Procedures for administrative offset: sonnel and Clvilian Employees Claims
single debt. Act of 1964
17.112 Procedures for administrative offset:
multiple debts. 17.40 Scope and purpose.
17.113 Procedures for administrative offset: 17.41 Claimants.
interagency cooperation. 17.42 Time limitations.
17.114 Procedures for administrative offset: 17.43 Allowable claims.
time limitation. 17.44 Restrictions on certain claims.
17.115 Procedures for administrative offset: 17.45 Unallowable claims.
offset against amounts payable from 17.46 Claims involving carriers or insurers. Civil Service Retirement and Disability 17.47 Settlement of claims.
Fund. 17.48 Computation of amount of award.
17.116 Procedures for administrative offset: 17.49 Attorney's fees.
offset of debtor's judgment against the 17.50 Claims procedures.
17.117 Procedures for administrative offset: Subpart C-Procedures for the Collection
imposition of interest. of Claims by the Government
17.118 Miscellaneous provisions: correspond
ence with the Department. GENERAL PROVISIONS 17.60 Scope and definitions.
SALARY OFFSET PROVISIONS 17.61 Incorporation of joint standards by 17.125 Scope. reference.
17.126 Coordinating offset with another Fed17.62 Subdivision and joining of claims.
17.127 Determination of indebtedness. 17.128 Notice requirements before offset. 17.129 Request for a hearing. 17.130 Result if employee fails to meet dead
lines. 17.131 Written decision following a hearing. 17.132 Review of departmental records relat
ed to the debt. 17.133 Written agreement to repay debt as
alternative to salary offset. 17.134 Procedures for salary offset: when de
ductions may begin. 17.135 Procedures for salary offset: types of
collection. 17.136 Procedures for salary offset: methods
of collection. 17.137 Procedures for salary offset: imposi
tion of interest. 17.138 Non-waiver of rights. 17.139 Refunds. 17.140 Miscellaneous provisions: correspond
ence with the Department.
g 17.1 Scope; definitions.
(a) This subpart applies to claims asserted under the Federal Tort Claims Act, as amended, accruing on or after January 18, 1967, for money damages against the United States for injury to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an officer or employee of the Department while acting within the scope of his office or employment.
(b) This subpart is issued subject to and consistent with applicable regulations on administrative claims under the Federal Tort Claims Act issued by the Attorney General (31 FR 16616; 28 CFR part 14).
(c) The terms Department and Organizational unit are defined in 24 CFR part 5.
(36 FR 24427, Dec. 22, 1971, as amended at 61 FR 5204, Feb. 9, 1996)
IRS TAX REFUND OFFSET PROVISIONS 17.150 Scope. 17.151 Notice requirements before offset. 17.152 Review within the Department of a
determination that an amount is past
due and legally enforceable. 17.153 Determination of the Administrative
Judge. 17.154 Postponements, withdrawals and ex
tensions of time. 17.155 Review of departmental records relat
ed to the debt. 17.156 Stay of offset. 17.157 Application of offset funds: Single
debt. 17.158 Application of offset funds: Multiple
debts. 17.159 Application of offset funds: Tax re
fund insufficient to cover amount of
debt. 17.160 Time limitation for notifying the IRS
to request offset of tax refunds due. 17.161 Correspondence with the Department.
AUTHORITY: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716–18, 3721, and 5 U.S.C. 5514; 42 U.S.C.
8 17.2 Administrative claim; when pre
sented; appropriate HUD office. (a) For purposes of this subpart, a claim shall be deemed to have been presented when the Department receives, at a place designated in paragraph (b) of this section, an executed Claim for Damages or Injury, Standard Form 95, or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, for personal injury, or for death alleged to have occurred by reason of the incident. A claim which should have been presented to the Department, but which was mistakenly addressed to or filed with another Federal agency, is deemed to be presented to the Department as of the date that the claim is received by the Department. If a claim is mistakenly addressed to or filed with the Department, the Department shall forthwith transfer it to the appropriate Federal agency, if ascertainable, or return it to the claimant.
(b) A claimant shall mail or deliver his claim to the office of employment
Subpart A-Claims Against Gov
ernment Under Federal Tort Claims Act
AUTHORITY: 5 U.S.C. 5514; 28 U.S.C. 2672; 31 U.S.C. 3711, 3716_3718, 3721; 42 U.S.C. 3535(d).
SOURCE: 36 FR 24427, Dec. 22, 1971, unless otherwise noted.