Privacy Act of 1974; Systems of Records-Republication of HUD's Routine Use Inventory Notice, 81837-81840 [2015-32964]

Download as PDF Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices oral comments, or request special accommodations for persons with disabilities, please register on-line at: http://nac.samhsa.gov/Registration/ meetingsRegistration.aspx, or communicate by contacting the CMHS National Advisory Council Designated Federal Official, Ms. Deborah DeMasseSnell (see contact information below). Committee Name: SAMHSA’s Center for Mental Health Services National Advisory Council. Date/Time/Type: February 24, 2016; 9:00 a.m.–5:00 p.m., OPEN. Place: SAMHSA Building, 5600 Fishers Lane, Conference Room 5E29, Rockville, Maryland 20857. Contact: Deborah DeMasse-Snell, M.A. (Than), Designated Federal Official, SAMHSA CMHS National Advisory Council, 5600 Fishers Lane, Room 14E53C, Rockville, Maryland 20857, Telephone: (240) 276–1861, Fax: (240) 276–1850, Email: Deborah.DeMasse-Snell@ samhsa.hhs.gov. Summer King, Statistician, SAMHSA. [FR Doc. 2015–32922 Filed 12–30–15; 8:45 am] BILLING CODE 4162–20–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5843–N–11] Privacy Act of 1974; Systems of Records—Republication of HUD’s Routine Use Inventory Notice Office of Administration, HUD. Routine Use Inventory republication. AGENCY: ACTION: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is hereby given that the Department of Housing and Urban Development proposes to update and combine into one notice its Routine Use Inventory notice published in the Federal Register on July 17, 2012 at 72 FR 52572. The subsequent revisions will: (1) Implement substantive revisions for ‘‘two’’ of the original routine use statements, to provide greater clarity of what is to be expected by the disclosure requirements; (2) encompass editorial updates to the original formatted routine use statements to ensure that these statements are up-to-date and constructed in a format that is easier to understand and use; and (3) assign a specific ‘‘category’’ to each routine use condition to allow each condition to be sorted and referenced by a specific heading relevant to its disclosure purpose. This notice proposal tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:49 Dec 30, 2015 Jkt 238001 supersedes and retires the Department’s Routine Use Inventory published in the Federal Register on July 17, 2012, and supplements prior instances translated by former systems of records. DATES: Effective date: The substantive changes being made to this proposal shall become effective February 1, 2016, unless comments are received on or before that date that would result in a contrary determination. All other changes shall be effective immediately without further notice, upon publication of this notice in the Federal Register. Comments Due Date: February 1, 2016. ADDRESSES: Interested persons are invited to submit comments regarding the amended routine use statements or notice update to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street SW., Room 10276, Washington, DC 20410–0500. Communications should refer to the above docket number and title. Faxed comments are not acceptable. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. FOR FURTHER INFORMATION CONTACT: Frieda B. Edwards, Acting Chief Privacy Officer, 451 Seventh Street SW., Room 10139, Washington, DC 20410, telephone number 202–402–4254 (this is not a toll-free number). Individuals who are hearing- and speech-impaired may access this number via TTY by calling the Federal Relay Service telephone number at 800–877–8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: The Department’s Routine Use Inventory describes disclosure requirements commonly used by more than one of the Department’s systems of records. This amendment modifies routine uses (10) and (14), under the original notice. Routine use (10) stated that records could be disclosed ‘‘To other Federal agencies or non-Federal entities, including but not limited to, state and local government entities with whom HUD has a contract, service agreement, grant, cooperative agreement, or computer matching agreement to assist such agencies with preventing and detecting improper payments, or fraud, or abuse in major programs administered by the Federal Government, or abuse by individuals in their operations and programs, but only to the extent that the information is necessary and relevant to preventing improper payments for services rendered under a particular Federal or PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 81837 non-federal benefits programs of HUD or any of their components to verify preaward and pre-payment requirements prior to the release of Federal funds.’’ Routine use (14) stated that records could be disclosed ‘‘To a court, magistrate, administrative tribunal 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 or in response to a subpoena or to a prosecution request when such records to be released are specifically approved by a court provided order.’’ Subsequently, these routine use conditions precisely specified that records could only be disclosed for purposes relevant to a HUD specific program, or to a specific set of individuals or entities, limiting the Department’s ability to respond to and share its records as warranted. Accordingly, this notice corrects these misrepresentations and amends the routine use conditions under the original publication. The amended routine use conditions appear under this revised notice proposal at heading (6) entitled ‘‘Prevention of Fraud, Waste, and Abuse Disclosure Routine Use’’ and heading (11) entitled, ‘‘Disclosures for Law Enforcement Investigations Routine Uses.’’ Further, the Department implements minor editorial changes to simplify and implement administrative changes needed to keep published information in an up-to-date format that is easier to understand and use. Title 5 U.S.C. 552a, as amended (e)(r) and (11) requires that the public be afforded a 30-day period in which to comment on any use of information by this notice and requires published notice of the existence and characters of the systems of records impacted by this change. The new system report, as required by 5 U.S.C. 552a(r) of the Privacy Act, was submitted to the United States Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Oversight and Government Reform of the House of Representatives, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A–130, Federal Agency Responsibilities for Maintaining Records about Individuals, dated June 25, 1993 (58 FR 36075, July 2, 1993). The Department permits disclosure(s) from its systems of records to be made from its systems of records to such agencies, entities, and persons in the following instances, when authorized by statute, to assist in E:\FR\FM\31DEN1.SGM 31DEN1 81838 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES connection with its mission. The existence and characters of the HUD’s Privacy Act systems of records are available for review on the Department’s privacy Web site at http://www.hud.gov/ offices/cio/privacy/pia/fednotice.cfm and are listed below by title. HUD Systems of Records, by Title, That Contain Personally Identifiable Information (PII) • Government National Mortgage Association Registry of Foreclosure Attorneys • Mortgage-Backed Securities Unclaimed Funds System • Master Subservicer System • Enterprise-Wide Operational Data Store • HUD Central Accounting and Program System • Personal Services Cost Reporting Subsystem • Financial Data Mart • Line of Credit Control System • moveLINQS • Home Equity Reverse Mortgage Information Technology • HUD Integrated Acquisition Management System • Equal Employment Management Information System • Relocation Files • Office of General Counsel Electronic Discovery Management System • HUD Enforcement Management System • Property Improvement and Manufactured [Mobile] Home LoanDefault • Real Estate Management/Integrated Real Estate Management System • Single Family Construction Complaints Files • Architects and Engineers • Property Disposition Files • Consumer Complaint Handling System • Telephone Numbers of HUD Officials • Claims Collection Records • Housing Compliance Files • Single Family Computerized Homes Underwriting Management System • Single Family Section 518 Files [Constructed complaints] • Tenant Housing Assistance and Contract Verification Data • Property Management Records • Congregate Housing Services Program Data Files • Single Family Insurance System • Application Submission and Processing System • Single Family Acquired Asset Management System • Single Family Neighborhood Watch Early Warning System • Identity Management System • Asset Disposition and Management System VerDate Sep<11>2014 16:49 Dec 30, 2015 Jkt 238001 • Lender Electronic Assessment Portal (LEAP) • Single Family Housing Enterprise Data Warehouse • Fee Inspectors and Appraisers and Mortgage Credit Examiners • Loan Application Management System • OIG Giglio Information Files • Independent Auditor Monitoring Files • Auto Audit • Hotline Information Subsystem • Investigative Files Subsystem • Training Information System (TRAI) • Personnel Travel System • Auto Investigation and Case Management Information Subsystem • Accidents, Employees and/or Government Vehicles • Veterans Homelessness Preventive Demonstration Evaluation Data Files System • Real Estate Settlement Cost Research Files • Section 8 Program Research Data Files • Housing Counseling Research Data Files • Training Announcement, Nomination, and Confirmation System • Personal Security Files • Grievance Records • Pay and Leave Records of Employees • Previous Participation Review System and Active Partners Performance System Previous Participation Files • Single Family Insurance CLAIMS Subsystem • Single Family Mortgage Notes Recovery Technology System • Housing Counseling System/Client Activity Reporting System • Debt Collection Asset Management • Distributive Shares and Refund System • Ideas Program Case Files • Intergovernmental Personnel Act Assignment Records • Single Family Mortgage Notes Recovery Technology System • Nonprofit Data Management System (NPDMS) • Grants Interface Management System • Development Application Processing System • Single Family Default Monitoring System • Pay and Leave Records of Employees • Relocation Assistance Files • Parking Permit Application Files • Telephone Numbers of HUD Officials • Computerized Homes Underwriting Management System • Employee Counseling and Occupational Health Records • HUD Government Motor Vehicle Operators Records • HUD Employee Locator Files • Government Property on Personal Charge Files PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 • Executive Emergency Cascade Alerting System • Priority Consideration/Special Reassignment Files • Long Distance Telephone Call Detail System • Security Clearance Information System • Correspondence Tracking System Accordingly, the Department’s Routine Use Inventory includes routine use statements implemented at the Department level for instances that may be utilized by more than one of the Department’s systems of records referenced in the aforementioned list. In addition, the text of many of these routine uses model best practices that have already been adopted by several agencies, including the Department of Justice. In addition to the disclosures generally permitted under 5 U.S.C. 552a(b), and the routine uses specifically described in each system of records notice, information in the systems of records maintained by the Department may be disclosed pursuant to 5 U.S.C. 552a(b)(3) as described below under Appendix I, provided that no routine use specified herein shall be construed to limit or waive any other routine use or exemption specified in the text of the individual system of records notice. Further, pursuant to 5 U.S.C. 552a(k)(2), records in the systems of records, referenced by the above titles, and any others that reflect records designated as exempt from the requirements of subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and/or (f) of 5 U.S.C. 552a under a promulgated rule, or those that are restricted from release by statutory or regulatory requirements, are prohibited from disclosure (which shall apply only if those exemptions have been established in the records system notice for the particular system). Authority: 5 U.S.C. 552a. Dated: December 15, 2015. Patricia A. Hoban-Moore, Senior Agency Official for Privacy. Appendix I—Notice No.: ADMIN/ AHFDC.01 HUD’s Routine Use Inventory Notice Identifies authorized disclosures applicable to one or more of the Department’s Privacy Act system of records notices. The Privacy Act allows HUD to disclose records from its systems of records, from the following headings (1)¥(13), to appropriate agencies, entities, and persons, when the records being disclosed are compatible with the purpose for which the system was developed. The routine use statements specified in this notice shall not be used to construe, limit, or waive any other routine E:\FR\FM\31DEN1.SGM 31DEN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices use condition or exemption specified in the text of an individual system of records, and may overlap in some cases. The routine use statements and their conditions for disclosure are categorized below. (1) General Service Administration Information Disclosure Routine Use: To the National Archives and Records Administration (NARA) and the General Services Administration (GSA) for records having sufficient historical or other value to warrant its continued preservation by the United States Government, or for inspection under authority of Title 44, Chapter 29, of the United States Code. (2) Congressional Inquiries Disclosure Routine Use: 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. (3) Health and Safety Prevention Disclosure Routine Use: To appropriate Federal, State, and local governments, or persons, pursuant to a showing of compelling circumstances affecting the health or safety or vital interest of an individual or data subject, including assisting such agencies or organizations in preventing the exposure to or transmission of a communicable or quarantinable disease, or to combat other significant public health threats, if upon such disclosure appropriate notice was transmitted to the last known address of such individual to identify the health threat or risk. (4) Consumer Reporting Agency Disclosure Routine Use: To a consumer reporting agency, when trying to collect a claim owed on behalf of the Government, in accordance with 31 U.S.C. 3711(e). (5) Computer Matching Program Disclosure Routine Use: To Federal, State, and local agencies, their employees, and agents for the purpose of conducting computer matching programs as regulated by the Privacy Act of 1974, as amended (5 U.S.C. 552a). (6) Prevention of Fraud, Waste, and Abuse Disclosure Routine Use: To Federal agencies, non-Federal entities, their employees, and agents (including contractors, their agents or employees; employees or contractors of the agents or designated agents); or contractors, their employees or agents with whom HUD has a contract, service agreement, grant, cooperative agreement, or computer matching agreement for the purpose of: (1) Detection, prevention, and recovery of improper payments; (2) detection and prevention of fraud, waste, and abuse in major Federal programs administered by a Federal agency or non-Federal entity; (3) detection of fraud, waste, and abuse by individuals in their operations and programs, but only to the extent that the information shared is necessary and relevant to verify pre-award and prepayment requirements prior to the release of Federal funds, prevent and recover improper payments for services rendered under programs of HUD or of those Federal agencies and non-Federal entities to which HUD provides information under this routine use. VerDate Sep<11>2014 16:49 Dec 30, 2015 Jkt 238001 (7) Research and Statistical Analysis Disclosure Routine Uses: (a) To contractors, grantees, experts, consultants, Federal agencies, and nonFederal entities, including, but not limited to, State and local governments and other research institutions or their parties, and entities and their agents with whom HUD has a contract, service agreement, grant, or cooperative agreement, when necessary to accomplish an agency function, related to a system of records, for the purposes of statistical analysis and research in support of program operations, management, performance monitoring, evaluation, risk management, and policy development, or to otherwise support the Department’s mission. Records under this routine use may not be used in whole or in part to make decisions that affect the rights, benefits, or privileges of specific individuals. The results of the matched information may not be disclosed in identifiable form. (b) To a recipient who has provided the agency with advance, adequate written assurance that the record provided from the system of records will be used solely for statistical research or reporting purposes. Records under this condition will be disclosed or transferred in a form that does not identify an individual. (8) Information Sharing Environment Disclosure Routine Uses: To contractors, grantees, experts, consultants and their agents, or others performing or working under a contract, service, grant, or cooperative 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. Individuals provided information under these routine use conditions are subject to Privacy Act requirements and disclosure limitations imposed on the Department. (9) Data Testing for Technology Implementation Disclosure Routine Use: To contractors, experts and consultants with whom HUD has a contract, service agreement, or other assignment of the Department, when necessary to utilize relevant data for the purpose of testing new technology and systems designed to enhance program operations and performance. (10) Data Breach Remediation Purposes Routine Use: To appropriate agencies, entities, and persons when: (a) HUD suspects or has confirmed that the security or confidentiality of information in a system of records has been compromised; (b) HUD has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft, or fraud, or harm to the security or integrity of systems or programs (whether maintained by HUD or another agency or entity) that rely upon the compromised information; and (c) 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 compromise and prevent, minimize, or PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 81839 remedy such harm for purposes of facilitating responses and remediation efforts in the event of a data breach. When appropriate, HUD may disclose records compatible to one of its system of records notices during case specific circumstances, as follows: information relating to, but not in and of itself constituting, law enforcement information, as defined below, may only be disclosed upon a showing by the requester that the information is pertinent to the conduct of investigation. (11) Disclosures for Law Enforcement Investigations Routine Uses: (a) To appropriate Federal, State, local, tribal, or 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 enforcement of civil or criminal laws. (b) To third parties during the course of a law enforcement investigation, to the extent necessary to obtain information pertinent to the investigation, provided the disclosure of such information is appropriate to the proper performance of the official duties of the officer making the disclosure. (12) Court or Law Enforcement Proceedings Disclosure Routine Uses: (a) 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; or in response to a subpoena or to a prosecution request when such records to be released are specifically approved by a court provided order. (b) To appropriate Federal, State, local, tribal, or 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 enforcement of civil or criminal laws. (c) To third parties during the course of a law enforcement investigation to the extent necessary to obtain information pertinent to the investigation, provided disclosure is appropriate to the proper performance of the official duties of the officer making the disclosure. (d) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency that maintains the record, specifying the particular portion desired and the law enforcement activity for which the record is sought. (13) Department of Justice for Litigation Disclosure Routine Use: To the Department of Justice (DOJ) when seeking legal advice for a HUD initiative or in response to DOJ’s request for the E:\FR\FM\31DEN1.SGM 31DEN1 81840 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices information, after either HUD or DOJ determine that such information is relevant to DOJ’s representatives of the United States or any other components in legal proceedings before a court or adjudicative body, provided that, in each case, the agency also determines prior to disclosure that disclosure of the records to DOJ is a use of the information contained in the records that is compatible with the purpose for which HUD collected the records. HUD on its own may disclose records in this system of records in legal proceedings before a court or administrative body after determining that the disclosure of the records to the court or administrative body is a use of the information contained in the records that is compatible with the purpose for which HUD collected the records. [FR Doc. 2015–32964 Filed 12–30–15; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5173–N–07] Affirmatively Furthering Fair Housing Assessment Tool: Announcement of Final Approved Document Office of the Assistance Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice. AGENCY: This notice announces the Assessment Tool developed by HUD for use by local governments that receive Community Development Block Grants (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grants (ESG), or Housing for Persons with AIDS (HOPWA) formula funding from HUD when conducting and submitting their own Assessment of Fair Housing (AFH). The Assessment Tool will also be used for AFHs conducted by joint and regional collaborations between: (1) Such local governments; (2) one or more such local governments with one or more public housing agency (PHA) partners; and (3) other collaborations in which such a local government is designed as the lead for the collaboration. For purposes of this Assessment Tool, no AFH will be due before October 4, 2016. Please see HUD’s Web page at https:// www.hudexchange.info/programs/affh/ for the schedule of submission dates of AFHs. The requirement to conduct and submit an AFH is set forth in HUD’s Affirmatively Furthering Fair Housing (AFFH) regulations, and this Assessment Tool has completed the notice and comment process required by the Paperwork Reduction Act (PRA), been reviewed by the Office of Management and Budget (OMB) and tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:49 Dec 30, 2015 Jkt 238001 approved. The Assessment Tool announced in this notice, and the guidance accompanying this Assessment Tool (the Guidebook) can be found at https:// www.hudexchange.info/programs/affh/. This Federal Register notice also highlights changes made by HUD to the Assessment Tool based on comments submitted in response to HUD’s July 16, 2015, notice, which solicited comment on the Assessment Tool for a period of 30 days. HUD will issue separate Assessment Tools for use by States and Insular areas and PHAs that will also be used for: (1) Joint and regional collaborations where the State or Insular Area is designated as the lead entity; and (2) joint collaborations with only PHA partners. FOR FURTHER INFORMATION CONTACT: George D. Williams, Sr., Deputy Assistant Secretary for Policy, Legislative Initiatives and Outreach, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW., Room 5246, Washington, DC 20410; telephone number 866–234–2689 (toll-free) or 202–402–1432 (local). Individuals who are deaf or hard of hearing and individuals with speech impediments may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 1–800–877–8339. SUPPLEMENTARY INFORMATION: I. Background The AFFH Proposed Rule On July 19, 2013, at 78 FR 43710, HUD published for public comment its AFFH proposed rule. The July 19, 2013, AFFH rule proposed a new approach that would enable program participants to more fully incorporate fair housing considerations into their existing planning processes and assist them in complying with their duty to affirmatively further fair housing as required by the Fair Housing Act (Title VIII of the Civil Rights Act) and other authorities. The new process, the Assessment of Fair Housing (AFH), builds upon and refines the prior fair housing planning process, called the analysis of impediments to fair housing choice (AI). As part of the new AFH process HUD advised that it would issue an ‘‘Assessment Tool’’ for use by program participants in completing and submitting their AFHs. The Assessment Tool, which includes instructions and nationally-uniform data provided by HUD, consists of a series of questions designed to help program participants identify, among other things, areas of racially and ethnically concentrated PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 areas of poverty, patterns of integration and segregation, disparities in access to opportunity, and disproportionate housing needs. At the time of publication of the July 19, 2013, AFFH proposed rule, HUD also posted and sought public comment on a draft ‘‘Data Documentation’’ paper online at http://www.huduser.gov/ portal/affht_pt.html and at https:// www.hudexchange.info/programs/affh/ (under the heading Data Methodology). HUD requested public comments on the categories, sources, and format of data that would be provided by HUD to program participants to assist them in completing their AFH, and many program participants responded with comments on the Data Documentation. The 60-Day Notice on the Assessment Tool (Initial Assessment Tool) On September 26, 2014, at 79 FR 57949, HUD issued a notice for public comment on the Assessment Tool found at http://www.huduser.gov/portal/affht_ pt.html. As noted in the Summary, the Assessment Tool was designed for use by local governments that receive CDBG, HOME, ESG, or HOPWA formula funding from HUD when conducting and submitting their own AFH; that is the Assessment Tool was designed for use by local governments and consortia required to submit consolidated plans under HUD’s Consolidated Plan regulations, codified in 24 CFR part 91, specifically subparts C and E, which pertain to local governments and consortia.1 In this notice, HUD uses the term ‘‘local governments’’ to refer to those consolidated plan program participants for which this tool is primarily designed. The Assessment Tool is also designed for joint and regional AFHs conducted by joint and regional collaborations between: (1) Such local governments; (2) one or more such local governments with one or more PHA partners; and (3) other collaborations in which such a local government is designed as the lead for the collaboration. While the Assessment Tool was designed for local governments and for joint or regional submissions by local governments and PHAs, HUD invited comments by all types of program participants, as it, ‘‘present[ed] the basic structure of the Assessment Tool to be used by all program participants, and is illustrative 1 In HUD’s AFFH proposed rule published on July 19, 2013, at 78 FR 43710, HUD noted that a consortium participating in HUD’s HOME Investment Partnerships program (HOME program), and which term (consortium) is defined 24 CFR 91.5, must submit an AFH. HUD stated that a HOME consortium is considered a single unit of general local government (see 78 FR at 43731). E:\FR\FM\31DEN1.SGM 31DEN1

Agencies

[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Notices]
[Pages 81837-81840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32964]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5843-N-11]


Privacy Act of 1974; Systems of Records--Republication of HUD's 
Routine Use Inventory Notice

AGENCY: Office of Administration, HUD.

ACTION: Routine Use Inventory republication.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
hereby given that the Department of Housing and Urban Development 
proposes to update and combine into one notice its Routine Use 
Inventory notice published in the Federal Register on July 17, 2012 at 
72 FR 52572. The subsequent revisions will: (1) Implement substantive 
revisions for ``two'' of the original routine use statements, to 
provide greater clarity of what is to be expected by the disclosure 
requirements; (2) encompass editorial updates to the original formatted 
routine use statements to ensure that these statements are up-to-date 
and constructed in a format that is easier to understand and use; and 
(3) assign a specific ``category'' to each routine use condition to 
allow each condition to be sorted and referenced by a specific heading 
relevant to its disclosure purpose. This notice proposal supersedes and 
retires the Department's Routine Use Inventory published in the Federal 
Register on July 17, 2012, and supplements prior instances translated 
by former systems of records.

DATES: Effective date: The substantive changes being made to this 
proposal shall become effective February 1, 2016, unless comments are 
received on or before that date that would result in a contrary 
determination.
    All other changes shall be effective immediately without further 
notice, upon publication of this notice in the Federal Register.
    Comments Due Date: February 1, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
the amended routine use statements or notice update to the Rules Docket 
Clerk, Office of General Counsel, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 10276, Washington, DC 20410-
0500. Communications should refer to the above docket number and title. 
Faxed comments are not acceptable. A copy of each communication 
submitted will be available for public inspection and copying between 8 
a.m. and 5 p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Frieda B. Edwards, Acting Chief 
Privacy Officer, 451 Seventh Street SW., Room 10139, Washington, DC 
20410, telephone number 202-402-4254 (this is not a toll-free number). 
Individuals who are hearing- and speech-impaired may access this number 
via TTY by calling the Federal Relay Service telephone number at 800-
877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: The Department's Routine Use Inventory 
describes disclosure requirements commonly used by more than one of the 
Department's systems of records. This amendment modifies routine uses 
(10) and (14), under the original notice. Routine use (10) stated that 
records could be disclosed ``To other Federal agencies or non-Federal 
entities, including but not limited to, state and local government 
entities with whom HUD has a contract, service agreement, grant, 
cooperative agreement, or computer matching agreement to assist such 
agencies with preventing and detecting improper payments, or fraud, or 
abuse in major programs administered by the Federal Government, or 
abuse by individuals in their operations and programs, but only to the 
extent that the information is necessary and relevant to preventing 
improper payments for services rendered under a particular Federal or 
non-federal benefits programs of HUD or any of their components to 
verify pre-award and pre-payment requirements prior to the release of 
Federal funds.'' Routine use (14) stated that records could be 
disclosed ``To a court, magistrate, administrative tribunal 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 or in response to a subpoena or to a prosecution 
request when such records to be released are specifically approved by a 
court provided order.'' Subsequently, these routine use conditions 
precisely specified that records could only be disclosed for purposes 
relevant to a HUD specific program, or to a specific set of individuals 
or entities, limiting the Department's ability to respond to and share 
its records as warranted. Accordingly, this notice corrects these 
misrepresentations and amends the routine use conditions under the 
original publication. The amended routine use conditions appear under 
this revised notice proposal at heading (6) entitled ``Prevention of 
Fraud, Waste, and Abuse Disclosure Routine Use'' and heading (11) 
entitled, ``Disclosures for Law Enforcement Investigations Routine 
Uses.'' Further, the Department implements minor editorial changes to 
simplify and implement administrative changes needed to keep published 
information in an up-to-date format that is easier to understand and 
use.
    Title 5 U.S.C. 552a, as amended (e)(r) and (11) requires that the 
public be afforded a 30-day period in which to comment on any use of 
information by this notice and requires published notice of the 
existence and characters of the systems of records impacted by this 
change. The new system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act, was submitted to the United States Senate Committee on 
Homeland Security and Governmental Affairs, the House Committee on 
Oversight and Government Reform of the House of Representatives, and 
the Office of Management and Budget (OMB) pursuant to paragraph 4c of 
Appendix I to OMB Circular No. A-130, Federal Agency Responsibilities 
for Maintaining Records about Individuals, dated June 25, 1993 (58 FR 
36075, July 2, 1993). The Department permits disclosure(s) from its 
systems of records to be made from its systems of records to such 
agencies, entities, and persons in the following instances, when 
authorized by statute, to assist in

[[Page 81838]]

connection with its mission. The existence and characters of the HUD's 
Privacy Act systems of records are available for review on the 
Department's privacy Web site at http://www.hud.gov/offices/cio/privacy/pia/fednotice.cfm and are listed below by title.

HUD Systems of Records, by Title, That Contain Personally Identifiable 
Information (PII)

 Government National Mortgage Association Registry of 
Foreclosure Attorneys
 Mortgage-Backed Securities Unclaimed Funds System
 Master Subservicer System
 Enterprise-Wide Operational Data Store
 HUD Central Accounting and Program System
 Personal Services Cost Reporting Subsystem
 Financial Data Mart
 Line of Credit Control System
 moveLINQS
 Home Equity Reverse Mortgage Information Technology
 HUD Integrated Acquisition Management System
 Equal Employment Management Information System
 Relocation Files
 Office of General Counsel Electronic Discovery Management 
System
 HUD Enforcement Management System
 Property Improvement and Manufactured [Mobile] Home Loan-
Default
 Real Estate Management/Integrated Real Estate Management 
System
 Single Family Construction Complaints Files
 Architects and Engineers
 Property Disposition Files
 Consumer Complaint Handling System
 Telephone Numbers of HUD Officials
 Claims Collection Records
 Housing Compliance Files
 Single Family Computerized Homes Underwriting Management 
System
 Single Family Section 518 Files [Constructed complaints]
 Tenant Housing Assistance and Contract Verification Data
 Property Management Records
 Congregate Housing Services Program Data Files
 Single Family Insurance System
 Application Submission and Processing System
 Single Family Acquired Asset Management System
 Single Family Neighborhood Watch Early Warning System
 Identity Management System
 Asset Disposition and Management System
 Lender Electronic Assessment Portal (LEAP)
 Single Family Housing Enterprise Data Warehouse
 Fee Inspectors and Appraisers and Mortgage Credit Examiners
 Loan Application Management System
 OIG Giglio Information Files
 Independent Auditor Monitoring Files
 Auto Audit
 Hotline Information Subsystem
 Investigative Files Subsystem
 Training Information System (TRAI)
 Personnel Travel System
 Auto Investigation and Case Management Information Subsystem
 Accidents, Employees and/or Government Vehicles
 Veterans Homelessness Preventive Demonstration Evaluation Data 
Files System
 Real Estate Settlement Cost Research Files
 Section 8 Program Research Data Files
 Housing Counseling Research Data Files
 Training Announcement, Nomination, and Confirmation System
 Personal Security Files
 Grievance Records
 Pay and Leave Records of Employees
 Previous Participation Review System and Active Partners 
Performance System Previous Participation Files
 Single Family Insurance CLAIMS Subsystem
 Single Family Mortgage Notes Recovery Technology System
 Housing Counseling System/Client Activity Reporting System
 Debt Collection Asset Management
 Distributive Shares and Refund System
 Ideas Program Case Files
 Intergovernmental Personnel Act Assignment Records
 Single Family Mortgage Notes Recovery Technology System
 Nonprofit Data Management System (NPDMS)
 Grants Interface Management System
 Development Application Processing System
 Single Family Default Monitoring System
 Pay and Leave Records of Employees
 Relocation Assistance Files
 Parking Permit Application Files
 Telephone Numbers of HUD Officials
 Computerized Homes Underwriting Management System
 Employee Counseling and Occupational Health Records
 HUD Government Motor Vehicle Operators Records
 HUD Employee Locator Files
 Government Property on Personal Charge Files
 Executive Emergency Cascade Alerting System
 Priority Consideration/Special Reassignment Files
 Long Distance Telephone Call Detail System
 Security Clearance Information System
 Correspondence Tracking System

    Accordingly, the Department's Routine Use Inventory includes 
routine use statements implemented at the Department level for 
instances that may be utilized by more than one of the Department's 
systems of records referenced in the aforementioned list. In addition, 
the text of many of these routine uses model best practices that have 
already been adopted by several agencies, including the Department of 
Justice.
    In addition to the disclosures generally permitted under 5 U.S.C. 
552a(b), and the routine uses specifically described in each system of 
records notice, information in the systems of records maintained by the 
Department may be disclosed pursuant to 5 U.S.C. 552a(b)(3) as 
described below under Appendix I, provided that no routine use 
specified herein shall be construed to limit or waive any other routine 
use or exemption specified in the text of the individual system of 
records notice.
    Further, pursuant to 5 U.S.C. 552a(k)(2), records in the systems of 
records, referenced by the above titles, and any others that reflect 
records designated as exempt from the requirements of subsections 
(c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and/or (f) of 5 U.S.C. 
552a under a promulgated rule, or those that are restricted from 
release by statutory or regulatory requirements, are prohibited from 
disclosure (which shall apply only if those exemptions have been 
established in the records system notice for the particular system).

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

    Dated: December 15, 2015.
Patricia A. Hoban-Moore,
Senior Agency Official for Privacy.

Appendix I--Notice No.: ADMIN/AHFDC.01

HUD's Routine Use Inventory Notice

    Identifies authorized disclosures applicable to one or more of 
the Department's Privacy Act system of records notices. The Privacy 
Act allows HUD to disclose records from its systems of records, from 
the following headings (1)-(13), to appropriate agencies, entities, 
and persons, when the records being disclosed are compatible with 
the purpose for which the system was developed. The routine use 
statements specified in this notice shall not be used to construe, 
limit, or waive any other routine

[[Page 81839]]

use condition or exemption specified in the text of an individual 
system of records, and may overlap in some cases. The routine use 
statements and their conditions for disclosure are categorized 
below.
    (1) General Service Administration Information Disclosure 
Routine Use:
    To the National Archives and Records Administration (NARA) and 
the General Services Administration (GSA) for records having 
sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for inspection 
under authority of Title 44, Chapter 29, of the United States Code.
    (2) Congressional Inquiries Disclosure Routine Use:
    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.
    (3) Health and Safety Prevention Disclosure Routine Use:
    To appropriate Federal, State, and local governments, or 
persons, pursuant to a showing of compelling circumstances affecting 
the health or safety or vital interest of an individual or data 
subject, including assisting such agencies or organizations in 
preventing the exposure to or transmission of a communicable or 
quarantinable disease, or to combat other significant public health 
threats, if upon such disclosure appropriate notice was transmitted 
to the last known address of such individual to identify the health 
threat or risk.
    (4) Consumer Reporting Agency Disclosure Routine Use:
    To a consumer reporting agency, when trying to collect a claim 
owed on behalf of the Government, in accordance with 31 U.S.C. 
3711(e).
    (5) Computer Matching Program Disclosure Routine Use:
    To Federal, State, and local agencies, their employees, and 
agents for the purpose of conducting computer matching programs as 
regulated by the Privacy Act of 1974, as amended (5 U.S.C. 552a).
    (6) Prevention of Fraud, Waste, and Abuse Disclosure Routine 
Use:
    To Federal agencies, non-Federal entities, their employees, and 
agents (including contractors, their agents or employees; employees 
or contractors of the agents or designated agents); or contractors, 
their employees or agents with whom HUD has a contract, service 
agreement, grant, cooperative agreement, or computer matching 
agreement for the purpose of: (1) Detection, prevention, and 
recovery of improper payments; (2) detection and prevention of 
fraud, waste, and abuse in major Federal programs administered by a 
Federal agency or non-Federal entity; (3) detection of fraud, waste, 
and abuse by individuals in their operations and programs, but only 
to the extent that the information shared is necessary and relevant 
to verify pre-award and prepayment requirements prior to the release 
of Federal funds, prevent and recover improper payments for services 
rendered under programs of HUD or of those Federal agencies and non-
Federal entities to which HUD provides information under this 
routine use.
    (7) Research and Statistical Analysis Disclosure Routine Uses:
    (a) To contractors, grantees, experts, consultants, Federal 
agencies, and non-Federal entities, including, but not limited to, 
State and local governments and other research institutions or their 
parties, and entities and their agents with whom HUD has a contract, 
service agreement, grant, or cooperative agreement, when necessary 
to accomplish an agency function, related to a system of records, 
for the purposes of statistical analysis and research in support of 
program operations, management, performance monitoring, evaluation, 
risk management, and policy development, or to otherwise support the 
Department's mission. Records under this routine use may not be used 
in whole or in part to make decisions that affect the rights, 
benefits, or privileges of specific individuals. The results of the 
matched information may not be disclosed in identifiable form.
    (b) To a recipient who has provided the agency with advance, 
adequate written assurance that the record provided from the system 
of records will be used solely for statistical research or reporting 
purposes. Records under this condition will be disclosed or 
transferred in a form that does not identify an individual.
    (8) Information Sharing Environment Disclosure Routine Uses:
    To contractors, grantees, experts, consultants and their agents, 
or others performing or working under a contract, service, grant, or 
cooperative 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. Individuals provided 
information under these routine use conditions are subject to 
Privacy Act requirements and disclosure limitations imposed on the 
Department.
    (9) Data Testing for Technology Implementation Disclosure 
Routine Use:
    To contractors, experts and consultants with whom HUD has a 
contract, service agreement, or other assignment of the Department, 
when necessary to utilize relevant data for the purpose of testing 
new technology and systems designed to enhance program operations 
and performance.
    (10) Data Breach Remediation Purposes Routine Use:
    To appropriate agencies, entities, and persons when:
    (a) HUD suspects or has confirmed that the security or 
confidentiality of information in a system of records has been 
compromised;
    (b) HUD has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft, or fraud, or harm to the security or 
integrity of systems or programs (whether maintained by HUD or 
another agency or entity) that rely upon the compromised 
information; and
    (c) 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 compromise and prevent, 
minimize, or remedy such harm for purposes of facilitating responses 
and remediation efforts in the event of a data breach.
    When appropriate, HUD may disclose records compatible to one of 
its system of records notices during case specific circumstances, as 
follows: information relating to, but not in and of itself 
constituting, law enforcement information, as defined below, may 
only be disclosed upon a showing by the requester that the 
information is pertinent to the conduct of investigation.
    (11) Disclosures for Law Enforcement Investigations Routine 
Uses:
    (a) To appropriate Federal, State, local, tribal, or 
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 enforcement of civil or criminal laws.
    (b) To third parties during the course of a law enforcement 
investigation, to the extent necessary to obtain information 
pertinent to the investigation, provided the disclosure of such 
information is appropriate to the proper performance of the official 
duties of the officer making the disclosure.
    (12) Court or Law Enforcement Proceedings Disclosure Routine 
Uses:
    (a) 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; or in response to a 
subpoena or to a prosecution request when such records to be 
released are specifically approved by a court provided order.
    (b) To appropriate Federal, State, local, tribal, or 
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 enforcement of civil or criminal laws.
    (c) To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information 
pertinent to the investigation, provided disclosure is appropriate 
to the proper performance of the official duties of the officer 
making the disclosure.
    (d) To another agency or to an instrumentality of any 
governmental jurisdiction within or under the control of the United 
States for a civil or criminal law enforcement activity if the 
activity is authorized by law, and if the head of the agency or 
instrumentality has made a written request to the agency that 
maintains the record, specifying the particular portion desired and 
the law enforcement activity for which the record is sought.
    (13) Department of Justice for Litigation Disclosure Routine 
Use:
    To the Department of Justice (DOJ) when seeking legal advice for 
a HUD initiative or in response to DOJ's request for the

[[Page 81840]]

information, after either HUD or DOJ determine that such information 
is relevant to DOJ's representatives of the United States or any 
other components in legal proceedings before a court or adjudicative 
body, provided that, in each case, the agency also determines prior 
to disclosure that disclosure of the records to DOJ is a use of the 
information contained in the records that is compatible with the 
purpose for which HUD collected the records. HUD on its own may 
disclose records in this system of records in legal proceedings 
before a court or administrative body after determining that the 
disclosure of the records to the court or administrative body is a 
use of the information contained in the records that is compatible 
with the purpose for which HUD collected the records.

[FR Doc. 2015-32964 Filed 12-30-15; 8:45 am]
BILLING CODE 4210-67-P