Privacy Act of 1974; Systems of Records-Republication of HUD's Routine Use Inventory Notice, 81837-81840 [2015-32964]
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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:
https://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
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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
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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
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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 https://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
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• 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
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• 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
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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.
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(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
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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
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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
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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
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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 https://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 https://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.
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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 https://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