Privacy Act of 1974; System of Records, 50638-50640 [2022-17709]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50638-50640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17709]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7062-N-11]


Privacy Act of 1974; System of Records

AGENCY: Office of Chief Financial Officer, HUD.

ACTION: Notice of a modified system of records.

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SUMMARY: HUDCAPS is HUD's subsidiary ledger system, and provides the 
capability of capturing, recording, and summarizing HUD's financial 
results of operations across all business areas. Under the Privacy Act 
of 1974, the Department of Housing and Urban Development, the Office of 
the Chief Financial Officer proposes to update the system of records 
titled, ``HUD HUDCAPS CFO/FY.05.'' This system of records allows the 
Department of Housing and Urban Development OCFO's HUDCAPS to collect 
and maintain records on PIH Section 8 recipients and grantees for the 
Section 8 Voucher program.

DATES: Comments will be accepted on or before September 16, 2022. The 
SORN becomes effective immediately, while the routine uses become 
effective after the comment period.

ADDRESSES: You may submit comments, identified by docket number by one 
of these methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions provided on that site to submit comments electronically.
    Fax: 202-619-8365.
    Email: [email protected].
    Mail: Attention: Privacy Office; Ladonne L. White; The Executive 
Secretariat; 451 Seventh Street SW, Room 10139; Washington, DC 20410.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to https://www.regulations.gov. including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: LaDonne White; 451 Seventh Street SW, 
Room 10139; Washington, DC 20410; telephone number 202-708-3054 (this 
is not a toll-free number). Individuals hearing- or speech-impaired may 
access this telephone number via TTY by calling the Federal Relay 
Service at 800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: The following are amended from the SORN--
     Authority for Maintenance of the System: Replace ``Sec. 
113 of the Budget and Accounting Act of 1951 (31 U.S.C.66a)'' with ``31 
U.S.C. 3511''
     Remove instances of Program Accounting System (PAS) 
because it has been decommissioned.
     Updated Categories of Individuals Covered by System.
     Updated Policies and Practices for Retention and Disposal 
of Records.
     Routine uses previously included by reference are not 
explicitly listed in the SORN. This change adds no new routine uses, 
but merely reorganizes them. The routine uses included by reference to 
HUD's Appendix I are now explicitly listed.

SYSTEM NAME AND NUMBER:
    HUD Central Accounting and Program System (HUDCAPS, A75).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    HUD Headquarters, 451 7th Street, SW, Washington, DC 20410-1001 and 
National Center for Critical Information Processing and Storage 
(NCCIPS), Stennis Space Center, MS 39529. The backup data center is at 
Mid-Atlantic Data Center in Clarksville, VA 23927.

SYSTEM MANAGER(S):
    Assistant Chief Financial Officer for Systems, Office of the Chief 
Financial Officer, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 3100, Washington, DC 20410.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    31 U.S.C. 3511 The Chief Financial Officers Act of 1990 (31 U.S.C. 
901, et seq.) Executive Order 9397, as amended by Executive Order 13478 
Housing and Community Development Act of 1987, 42 U.S.C. 3543.

PURPOSES OF THE SYSTEM:
    A75 HUDCAPS is an Office of the Chief Financial Officer (OCFO) 
system that serves as a sub-ledger financial system for HUD.
    HUDCAPS provides the capability of capturing, recording, and 
summarizing HUD's financial results of operations across all business 
areas.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    PIH Section 8 recipients and grantees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records collected and/or stored in HUDCAPS includes grantee/
recipient name, Business Tax-ID (can be EIN, SSN, and/or TIN), Business 
address, Data Universal Numbering System (DUNS), business banking 
account and routing numbers, and financial data.

RECORD SOURCE CATEGORIES:
    PIH Section 8 recipients/grantees provide data to the Ft. Worth 
Accounting Center to enter into HUDCAPS.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    (A) 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.
    (B) To appropriate agencies, entities, and persons when: (I) HUD 
suspects or has confirmed that there has been a breach of the system of 
records; (II) HUD has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, HUD (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (III) The disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in

[[Page 50639]]

connection with HUD's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    (C) To another Federal agency or Federal entity, when HUD 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (I) responding to 
a suspected or confirmed breach or (II) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    (D) To a court, magistrate, administrative tribunal, or arbitrator 
in the course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, 
mediation, or settlement negotiations; or in connection with criminal 
law proceedings; when HUD determines that use of such records is 
relevant and necessary to the litigation and when any of the following 
is a party to the litigation or have an interest in such litigation: 
(1) HUD, or any component thereof; or (2) any HUD employee in his or 
her official capacity; or (3) any HUD employee in his or her individual 
capacity where HUD has agreed to represent the employee; or (4) the 
United States, or any agency thereof, where HUD determines that 
litigation is likely to affect HUD or any of its components.
    (E) To any component of the Department of Justice or other Federal 
agency conducting litigation or in proceedings before any court, 
adjudicative, or administrative body, when HUD determines that the use 
of such records is relevant and necessary to the litigation and when 
any of the following is a party to the litigation or have an interest 
in such litigation: (1) HUD, or any component thereof; or (2) any HUD 
employee in his or her official capacity; or (3) any HUD employee in 
his or her individual capacity where the Department of Justice or 
agency conducting the litigation has agreed to represent the employee; 
or (4) the United States, or any agency thereof, where HUD determines 
that litigation is likely to affect HUD or any of its components.
    (G) To appropriate Federal, State, local, tribal, or other 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, or 
license, where HUD determines that the information would assist in the 
enforcement of civil or criminal laws when such records, either alone 
or in conjunction with other information, indicate a violation or 
potential violation of law.
    (F) 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: (I) Detection, prevention, and recovery of improper 
payments; (II) detection and prevention of fraud, waste, and abuse in 
major Federal programs administered by a Federal agency or non-Federal 
entity; (III) for the purpose of establishing or verifying the 
eligibility of, or continuing compliance with statutory and regulatory 
requirements by, applicants for, recipients or beneficiaries of, 
participants in, or providers of services with respect to, cash or in-
kind assistance or payments under Federal benefits programs or 
recouping payments or delinquent debts under such Federal benefits 
programs; (IV) detection of fraud, waste, and abuse by individuals in 
their operations and programs. Records under this routine use may be 
disclosed 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 or to 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.
    (G) 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, cooperative agreement, or other agreement 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.
    (H) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in Electronic and paper formats

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records can be retrieved by the Business Tax ID (this is called the 
Vendor ID in the system, and it can be the SSN/TIN/EIN depending on the 
grantee).

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Destroy 6 years after final payment or cancellation, but longer 
retention is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All HUD employees have undergone background investigations. HUD 
buildings are guarded and monitored by security personnel, cameras, ID 
checks, and other physical security measures. Access is restricted to 
authorized personnel or contractors whose responsibilities require 
access. System users must take the mandatory security awareness 
training annually as mandated by the Federal Information Security 
Management Act (FISMA). Users must also sign a Rules of Behavior form 
certifying that they agree to comply with the requirements before they 
are granted access to the system. HUDCAPS resides on the P207 IBM 
Mainframe general support system, which is at NASA's Stennis Space 
Center. The physical security controls for P207 IBM Mainframe is the 
responsibility of OCIO. OCIO handles the backups and encryption of 
backups on the P207 IBM Mainframe. OCIO is also responsible for the 
mainframe/LAN-based security controls (e.g., VPN, encryption of data in 
transit, IDS). All users authenticate to the HUD LAN with PIV cards 
before they can access HUDCAPS. OCFO limits access to records that 
contain PII data on a need to know basis, user recertification is 
performed, audit logs are reviewed, security assessments are performed, 
and background checks are performed prior to granting access. Not all 
employees and contractors have access to the vendor table that includes 
the PII.

[[Page 50640]]

Updates to HUDCAPS vendor data is limited to those with specific roles.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to their records in 
this system of records may submit a request in writing to the 
Department of Housing and Urban Development, Attn: FOIA Program Office, 
451 7th Street SW, Suite 10139, Washington, DC 20410-0001. or by 
emailing [email protected]. Individuals must furnish the following 
information for their records to be located:
    1. Full name.
    2. Signature.
    3. The reason why the individual believes this system contains 
information about him/her.
    4. The address to which the information should be sent.

NOTIFICATION PROCEDURES:
    Any person wanting to know whether this system of records contains 
information about him or her should contact the System Manager. Such 
person should provide his or her full name, position title and office 
location at the time the accommodation was requested, and a mailing 
address to which a response is to be sent.

CONTESTING RECORD PROCEDURES:
    Same as the Notification Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Docket No. FR-7009-N-04; 83 FR 11240 (March 14, 2018).

LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2022-17709 Filed 8-16-22; 8:45 am]
BILLING CODE 4210-67-P