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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 (c)(3), (d), (e)(1), (e)(4), (G), (H), and (I), and (f). This exemption allows the Department to withhold records compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal contracts, or access to classified material. The reasons for adopting this exemption are to insure the proper functioning of the investigatory process, to insure effective determination of suitability, eligibility and qualification for employment 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-24. Investigation Files in the Office of the Inspector General.

(2) HUD/DEPT-25. Legal Action Files.

[42 FR 49810, Sept. 28, 1977]

APPENDIX A TO PART 16-OFFICIALS To RECEIVE INQUIRIES, REQUESTS FOR ACCESS AND REQUESTS FOR CORRECTION OR AMENDMENT

Headquarters

Privacy Act Officer, 451 Seventh Street SW., Washington, DC 20410.

Region I

Regional Administrator-Regional Housing Commissioner, 10 Causeway Street, Room 375, Federal Building, Boston, MA 022221092.

Manager, 330 Main Street, 1st Floor, Hartford, CT 06106-1860.

Manager, Norris Cotton Federal Building, 275 Chestnut Street, Manchester, NH 03101-2487.

Chief, Casco Northern Bank Building, 23 Main Street, 1st Floor, Bangor, ME 044014318.

Manager, Room 330, John O. Pastore Feder-
al Building and U.S. Post Office, Kennedy
Plaza, Providence, RI 02903-1785.
Chief, Federal

Building, 11 Elmwood Avenue, Room B-31, Burlington, VT 05402-0879.

Region II

Regional Administrator-Regional Housing
Commissioner, 26 Federal Plaza, New
York, NY 10278-0068.

Manager, The Parkade Building, 519 Feder-
al Street, Camden, NJ 08103-9998.
Manager, Military Park Building, 60 Park
Place, Newark, NJ 07102-5504.
Manager, 465 Main Street, Lafayette Court,
Buffalo, NY 14203-1780.

Manager, New San Juan Office Building, 159 Carlos E. Chardon Avenue, San Juan, PR 00918-1804.

Manager, Leo W. O'Brien Federal Building, North Pearl Street and Clinton Avenue, Albany, NY 12207-2395.

Region III

Regional Administrator-Regional Housing Commissioner, Liberty Square Building, 105 South 7th Street, Philadelphia, PA 19106-3392.

Manager, HUD Building, 451 Seventh Street SW., Room 3158, Washington, DC 204105500.

Manager, The Equitable Building, 3rd Floor, 10 North Calvert Street, Baltimore, MD 21202-1865.

Manager, Old Post Office Courthouse Building, 7th Avenue and Grant Street, Pittsburgh, PA 15219-1906.

Manager, 400 North Eighth Street, Richmond, VA 23240.

Chief, Federal Building, 844 King Street, Room 1304, Wilmington, DE 19801-3519. Manager, 405 Capitol Street, Suite 708, Charleston, WV 25301-1795.

Region IV

Regional Administrator-Regional Housing Commissioner, Richard B. Russell Federal Building, 75 Spring Street, SW., Atlanta, GA 30303-3388.

Manager, Beacon Ridge Tower, 600 Beacon Parkway West, Birmingham, AL 352333144.

Manager, 325 West Adams Street, Jacksonville, FL 32202-4303.

Manager, P.O. Box 1044, 601 West Broadway, Louisville, KY 40201-1044. Manager, Doctor A. H. McCoy Federal Building, 100 West Capitol Street, Room 910, Jackson, MS 39269-1096. Manager, 415 North Edgeworth Street, Greensboro, NC 27401-2107. Manager, Strom Thurmond Federal Building, 1835-45 Assembly Street, Columbia, SC 29201-2480.

Manager, 3rd Floor, John J. Duncan Feder

al Building, 710 Locust Street, Knoxville, TN 37902-2526.

Manager, Gables One Tower, 1320 South Dixie Highway, Coral Gables, FL 331462911.

Manager, 700 Twiggs Street, Room 527, P.O. Box 17910, Tampa, FL 33672-2910. Manager, One Memphis Place, 200 Jefferson Avenue, Suite 1200, Memphis, TN 38103-2335.

Manager, Cumberland Bend Drive, Suite 200, Nashville, TN 37228-1803. Manager, Langley Building, 3751 Maguire Boulevard, Suite 270, Orlando, FL 328033032.

Region V

Regional Administrator-Regional Housing Commissioner, 626 West Jackson Boulevard, Chicago, IL 60606-5601. Manager, 151 North Delaware Street, Indianapolis, IN 46204-2526.

Manager, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Detroit, MI 48226-2592.

Manager, 220 Second Street, South, Minne

apolis, MN 55401-2195.

Manager, 200 North High Street, Columbus, OH 43215-2499.

Manager, Henry S. Reuss Federal Plaza, 310

West Wisconsin Avenue, Suite 1380, Milwaukee, WI 53203-2289.

Chief, 524 South Second Street, Suite 672,
Springfield, IL 62701-1774.
Manager, Amitec Building-Local, 352 South
Saginaw Street, Room 200, Flint, MI
48502-1953.

Manager, 2922 Fuller Avenue, NE, Grand
Rapids, MI 49505-3499.

Manager, Federal Office Building, 550 Main Street, Cincinnati, OH 45202-3253.

Manager, One Playhouse Square, 1375 Euclid Avenue, Room 420, Cleveland, OH 44114-1670.

Region VI

Regional Administrator-Regional Housing Commissioner, 1600 Throckmorton, Post Office Box 2905, Fort Worth, TX 761132905.

Manager, Lafayette Building, 523 Louisiana, Suite 200, Little Rock, AR 72201-3707. Manager, Fisk Federal Building, 1661 Canal Street, New Orleans, LA 70112-2887. Manager, 525 Griffin Street, Room 860, Dallas, TX 75202-5007.

Manager, Washington Square, 800 Dolorosa Street, San Antonio, TX 78207-4563. Manager, Joe D. Waggoner Federal Building, 500 Fannin Street, Room 6B04, Shreveport, LA 71101-3077.

Manager, 625 Truman Street, NE, Albuquerque, NM 87100-6443.

Manager, Murrah Federal Building, 200 NW 5th Street, Oklahoma City, OK 731023202.

Manager, 1516 S. Boston Avenue, Suite 110, Tulsa, OK 74119-4032.

Manager, Norfolk Tower, 2211 Norfolk, Suite 200, Houston, TX 77098-4096. Manager, Federal Office Building, 1205 Texas Avenue, Lubbock, TX 79401–4093.

Region VII

Regional Administrator-Regional Housing Commissioner, Professional Building, 1103 Grand Avenue, Kansas City, MO 641062496.

Manager, 210 North Tucker Boulevard, St. Louis, MO 63101-1997.

Manager, Braiker/Brandeis Building, 210 South 16th Street, Omaha, NE 681021622.

Manager, Federal Building, 210 Walnut Street, Room 239, Des Moines, IA 503092155.

Chief, Frank Carlson Federal Building, 444 SE Quincy Street, Room 256, Topeka, KS 66683-0001.

Region VIII

Regional Administrator-Regional Housing Commissioner, Executive Tower Building, 1405 Curtis Street, Denver, CO 802022349. Manager, Federal Office Building Drawer 10095, 301 S. Park, Room 340, Helena, MT 59626-0095.

Chief, Federal Building, P.O. Box 2483, 653 2nd Avenue North, Fargo, ND 58108-2483. Chief, 300 Building, 300 North Dakota Avenue, Suite 116, Sioux Falls, SD 571020311.

Manager, 324 South State Street, Suite 220, Salt Lake City, UT 84111-2321.

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341-078 0-93-6

Chief, 4225 Federal Office Building, 100 East B Street, Post Office Box 580, Casper, WY 82602-1918.

Region IX

Regional Administrator-Regional Housing Commissioner, Federal Building, 450 Golden Gate Avenue, Post Office Box 36003, San Francisco, CA 94102-3448. Manager, 1615 W. Olympic Boulevard, Los Angeles, CA 90015-3801.

AZ

Manager, One North First Street, Suite 300, Post Office Box 13468, Phoenix, 85002-3468.

Manager, Pioneer Plaza, 100 North Stone Avenue, Suite 410, Tucson, AZ 86701-1467. Manager, 1630 East Shaw Avenue, Suite 138, Fresno, CA 93710-8193.

Manager, 777 12th Street, Suite 200, Sacramento, CA 95809-1997.

Manager, Federal Office Building, 880 Front Street, Room 5S3, San Diego, CA 92188-0100.

Manager, 34 Civic Center Plaza, P.O. Box 12850, Santa Ana, CA 92712-2850. Manager, 300 Ala Moana Boulevard, Room 3318, Honolulu, HI 96850-4991. Manager, 1500 East Tropicana Avenue, 2nd Floor, Las Vegas, NV 89119-6516. Manager, 1050 Bible Way, Post Office Box 4700, Reno, NV 89505-4700.

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17.62 Subdivision and joining of claims. 17.63 Authority of offices to attempt collection of claims.

17.64 Referral of claims to the Assistant Secretary for Administration.

17.65 Authority of offices to compromise claims or suspend or terminate collection action.

Department claims officer.

17.66

17.67

Claims files.

17.68

Monthly report of collection action.

17.69 Accounting control.

17.70 Record retention.

17.71 Suspension or revocation of eligibility.

17.72 Methods of collection and imposition of late charges.

17.73 Standards for compromise of claims. 17.74 Standards for suspension or termination of collection action.

17.75 Referral to GAO or Justice Department.

17.76 Disclosure to a consumer reporting

agency.

17.77 Contracts for collection services.

ADMINISTRATIVE OFFSET PROVISIONS

17.100 Scope.

17.101 Coordinating administrative offset with another Federal agency.

17.102 Notice requirements before offset. 17.103 Exceptions to notice requirements.

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Federal agency.

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 deadlines.

17.131 Written decision following a hearing.

17.132 Review of departmental records related to the debt.

17.133 Written agreement to repay debt as alternative to salary offset.

17.134 Procedures for salary offset: when deductions 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: imposition of interest.

17.138 Non-waiver of rights.

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Sec.

17.152 Review within the Department of a determination that an amount is pastdue and legally enforceable.

17.153 Determination of the Administrative Judge.

17.154 Postponements, withdrawals and extensions of time.

17.155 Review of departmental records related 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 refund 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: Sec. 7(d), Housing and Urban Development Act (42 U.S.C. 3535(d)), unless otherwise noted.

Subpart A-Claims Against Government Under Federal Tort Claims Act

AUTHORITY: The Federal Tort Claims Act, 28 U.S.C. 2672.

SOURCE: 36 FR 24427, Dec. 22, 1971, unless otherwise noted.

GENERAL PROVISIONS

§ 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) For purposes of this subpart, the term Department means the Department of Housing and Urban Development, which consists of the Office of the Secretary and the several organizational units. Organizational unit

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means the jurisdictional area of each Assistant Secretary, each office head reporting directly to the Secretary, and each Regional Administrator.

PROCEDURES

§ 17.2 Administrative claim; when presented; 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 of the Department employee or employees whose negligent or wrongful act or omission is alleged to have caused the loss or injury complained of. Where such office of employment is the Department Central Office in Washington, or is not reasonably known and not reasonably ascertainable, claimant shall file his claim with the Assistant Secretary for Administration, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410. In all other cases, claimant shall address his claim to the head of the appropriate office, the address of which will generally be found listed in the local telephone directory.

§ 17.3 Administrative claim; who may file. (a) A claim for injury to or loss of property may be presented by the owner of the property, his duly au

thorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable State law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually, as their respective interests appear, or jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

§ 17.4 Administrative claim; evidence and information to be submitted.

(a) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information:

(1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed or designated by the Department or another Federal agency. A copy of the report of the examining physician shall be made available to the claimant upon the claim

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