Privacy Act of 1974; System of Records, 51119-51122 [2022-17895]
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Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices
September 21, 2022. Registration will be
closed for the event on September 21,
2022. If you have any questions about
registration, please email
HCFACCommittee@ajanta
consulting.com.
After submitting the registration form
above, you will receive registration
confirmation with the meeting link and
passcode needed to attend. Individuals
with speech or hearing impairments
may follow the discussion by first
calling the toll-free Federal Relay
Service (FRS): (800) 977–8339 and
providing the FRS operator with the
conference call number that will be
provided in the registration
confirmation.
Public Comments
Members of the public will have an
opportunity to provide oral and written
comments relative to agenda topics for
the HCFAC’s consideration. Your
registration confirmation will also
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Available time for public comments
will be limited to ensure pertinent
HCFAC business is completed. The
amount of time allotted to each person
will be limited to two minutes and will
be allocated on a first-come first-served
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later than September 21, 2022. Please
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Meeting Records
Records and documents discussed
during the meeting as well as other
information about the work of the
HCFAC, will be available for public
viewing as they become available at:
https://www.facadatabase.gov/FACA/
apex/FACAPublic
Committee?id=a10t0000001gzvQAAQ.
Information on the Committee is also
available on hud.gov at https://
www.hud.gov/program_offices/housing/
sfh/hcc and on HUD Exchange at
https://www.hudexchange.info/
programs/housing-counseling/federaladvisory-committee/.
Julia R. Gordon,
Assistant Secretary for Housing—FHA
Commissioner.
[FR Doc. 2022–17859 Filed 8–18–22; 8:45 am]
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7062–N–14]
Privacy Act of 1974; System of
Records
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of a new system of
records.
AGENCY:
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of Housing and Urban
Development (HUD) is issuing a public
notice of its intent to create the Office
of Single Family Program Development
Privacy Act system of records, ‘‘Credit
Alert Reporting Verification System
(CAIVRS)’’, CAIVRS was developed by
the HUD in June 1987 as a shared
database of defaulted Federal debtors
and enables processors of applications
for Federal credit benefit to identify
individuals who are in default or have
had claims paid on direct or guaranteed
Federal loans or are delinquent on other
debts owed to Federal agencies. The
purpose of this system is to enable
program agencies to prescreen their
borrowers and to broaden the Federal
Government’s base in determining an
applicant’s creditworthiness. Some of
these factors include: verifying loan
applicants are not in default or
delinquent on direct or guaranteed loans
of participating Federal programs,
providing authorized users with a
means to prescreen applicants for
Federal credit benefit in order to avoid
extending benefits to individuals who
are considered credit risks, and
demonstrating to the public the
importance of meeting Federal
obligations and its commitment to
collecting delinquent debt. CAIVRS is
included in the HUD’s inventory of
record systems.
DATES: Comments will be accepted on or
before September 19, 2022. This
proposed action will be effective on the
date following the end of the comment
period unless comments are received
which result in a contrary
determination.
SUMMARY:
You may submit comments
identified by docket number by any of
the following 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: www.privacy@hud.gov.
Mail: Attention: Ladonne White,
Department of Housing and Urban
ADDRESSES:
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51119
Development, 451 Seventh Street SW,
Room 10139, Washington, DC 20410–
0001.
Instructions: All submissions received
must include the agency name and
docket number [Insert 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–
0001; telephone number 202–708–3054
(this is not a toll-free number).
Individuals who are hearing- or speechimpaired 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: Single
Family Program Development maintains
the ‘‘CAIVRS (F57)’’ system of records.
The purpose of this system is to enable
program agencies to prescreen their
borrowers and to broaden the Federal
Government’s base in determining an
applicant’s creditworthiness. Some of
these factors include: verifying loan
applicants are not in default or
delinquent on direct or guaranteed loans
of participating Federal programs,
providing authorized users with a
means to prescreen applicants for
Federal credit benefit in order to avoid
extending benefits to individuals who
are considered credit risks, and
demonstrating to the public the
importance of meeting Federal
obligations and its commitment to
collecting delinquent debt. CAIVRS is
included in the HUD’s inventory of
record systems. The system contains
borrowers with delinquent Federal debt
and allows Federal agencies to reduce
the risk of future credit default to
Federal insured or guaranteed loan
programs.
SYSTEM NAME AND NUMBER:
Credit Alert Reporting Verification
System (CAIVRS)—HUD/PIH 01.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
CAIVRS is located and operated at
NASA’s John C. Stennis Space Flight
Center, located at 1100 Balch Boulevard,
Stennis Space Center, MS 39529–0001.
SYSTEM MANAGER(S):
Director, Office of Single-Family
Program Development, United States
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Department of Housing and Urban
Development, 451 7th St. SW,
Washington, DC 20410–1000. Elissa
Saunders (202–402–2378 |
Elissa.O.Saunders@hud.gov)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 203, National Housing Act,
P.L. 73–479 (12 U.S.C. 1709); Section
255, National Housing Act, P.L. 73–479
(12 U.S.C. 1701z–20); Section 165,
Housing and Community Development
Act of 1987, P.L. 100–242 (42 U.S.C.
3543); Section 31001, Debt Collection
Act of 1996 as amended, P.L. 104–134
(31 U.S.C. 7701); and Section 31001,
Debt Collection Act of 1996 as amended,
P.L. 104–134 (31 U.S.C. 3720B). Office
of Management and Budget (OMB)
Circulars A–129 (Policies for Federal
Credit Programs and Non-Tax
Receivables); the Budget and
Accounting Acts of 1921 and 1950, as
amended; the Debt Collection Act of
1982, as amended; the Deficit Reduction
Act of 1984, as amended, and the Debt
Collection Improvement Act of 1996, as
amended.
PURPOSE(S) OF THE SYSTEM:
The purpose of CAIVRS is to ensure
participating Federal agencies and their
authorized lenders will comply with the
legal requirement to verify individuals
applying for a federally backed loan, or
other aid, are not presently delinquent
on another Federal obligation. CAIVRS
is a shared, inter-agency database
managed by HUD where participating
agencies are required to report
delinquent federal debt.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individual borrowers who have
applied for Federal housing loans and
have fallen delinquent.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, Date of Birth, Email
Addresses, Employee Identification
Number, Home Address, Mother’s
Maiden Name, Social Security Number/
Taxpayer ID Number (SSNs and TINs),
FHA Case Number, and Work Address.
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RECORD SOURCE CATEGORIES:
F17C–FHA Connection (User ID and
Password management), F71–Debt
Collection and Asset Management
System—Title I, F71A–Debt Collection
and Asset Management System—
Generic Debt, P278–Lender Electronic
Assessment Portal, A75R—Financial
Data Mart, VA–Department of Veteran
Affairs Accounts Receivable Records
88VA244, SBA–Small Business
Administration Disaster Loan Case File
and Loan System, ED–Department of
Education Common Services for
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Borrowers, USDA–United States
Department of Agriculture Applicant,
Borrower, Grantee, or Tenant File (Rural
Development), DOJ–Department of
Justice Debt Collection Enforcement
System.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as
amended, the records contained herein
may specifically be disclosed outside
the DoD as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
(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 Federal, State, and local
agencies, their employees, and agents to
conduct computer matching programs
as regulated by the Privacy Act of 1974,
as amended (5 U.S.C. 552a)
(C) 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: (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 if the information
shared is necessary and relevant to
verify pre-award and prepayment
requirements before 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.
(D) 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
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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.
(E) 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.
(F) To contractors, experts, and
consultants with whom HUD has a
contract, service agreement, or other
assignment of the Department, when
necessary to utilize data to test new
technology and systems designed to
enhance program operations and
performance.
(G) To appropriate agencies, entities,
and persons when (1) HUD suspects or
has confirmed there has breached the
system of records; (2) HUD has
determined that because 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
(3) 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
breach or to prevent, minimize, or
remedy such harm.
(H) To another Federal agency or
Federal entity, when HUD determines
that information from this system of
record is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) 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
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resulting from a suspected or confirmed
breach.
(I) (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 help to enforce civil or criminal
laws.
(b) To third parties during a law
enforcement investigation, to the extent
to obtain information pertinent to the
investigation, disclosed such
information is appropriate to the proper
performance of the official duties of the
officer making the disclosure.
(J) (a) To a court, magistrate,
administrative tribunal, or arbitrator
while presenting evidence, including
disclosures to opposing counsel or
witnesses in 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 help to enforce civil or criminal
laws.
(c) To third parties during a law
enforcement investigation to the extent
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.
(K) 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
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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.
(L) To match system users for security
purposes. User-provided PII may be
shared with HUD departmental
enforcement offices and other Federal,
state, local or tribal law enforcement
agencies if there is reason to believe that
a user provided false information to
obtain access to the system, and that
providing such information would help
enforce civil or criminal laws.
(M) With the United States
Department of Veterans Affairs (VA), to
pre-screen applicants to determine if
they are presently delinquent on any
Federal debt reported by a participating
agency, and to determine if they are
eligible for a new federally backed loan
or grant.
With the United States Small
Business Administration (SBA) to prescreen applicants to determine if they
are presently delinquent on any Federal
debt reported by a participating agency,
and to determine if they are eligible for
a new federally backed loan or grant.
With the United States Department of
Education to pre-screen applicants to
determine if they are presently
delinquent on any Federal debt reported
by a participating agency, and to
determine if they are eligible for a new
federally backed loan or grant.
With the United States Department of
Agriculture (USDA) to pre-screen
applicants to determine if they are
presently delinquent on any Federal
debt reported by a participating agency,
and to determine if they are eligible for
a new federally backed loan or grant.
With the United States DOJ to prescreen applicants to determine if they
are presently delinquent on any Federal
debt reported by a participating agency,
and to determine if they are eligible for
a new federally backed loan or grant.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Electronic only.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Name and Social Security Number/
Taxpayer ID Number (SSNs and TINs).
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51121
POLICIES AND PRACTICIES FOR RENTENTION AND
DISPOSAL OF RECORDS:
All records related to Federal Housing
Administration (FHA) Mortgage Credit
Alert report will be destroyed according
to HUD Schedule Appendix 20 Single
Family Home Mortgage Insurance
Program Records, item 13B6 which
states the following, destroy when
superseded or obsolete. All records
related to FHA Mortgage Credit
Verification will be destroyed according
to HUD Schedule Appendix 5 Technical
Support Records, item 7 which states
the following, destroy when superseded
or obsolete.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
CAIVRS and its data are located on
centralized servers within Federal
facilities with access control in place.
Physical controls include cypher and
combination locks, key card-controlled
access, security guards, closed circuit
TV, identification badges, and safes.
Administrative controls include
encryption of back-up data, back-ups
secured off-site, methods to ensure only
authorized users have access to PII,
periodic security audits, regular
monitoring of system users’ behavior.
Technical controls include encryption
of Data at Rest and in Transit, firewalls
at HUD and each reporting agency, rolebased access controls, user IDs and
passwords, Least Privileged access,
elevated and/or administrative
privileged access, PIV cards, intrusion
detection systems. Additional measures
to safeguard the system include rolebased Privacy Act training required for
HUD personnel responsible for CAIVRS
system program management, IT
security monitoring by the US
Department of Housing and Urban
Development and the US Department of
Homeland Security.
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 foia@hud.gov. 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.
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CONTESTING RECORD PROCEDURES:
Same as the Notification Procedures
below.
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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
N/A.
LaDonne White,
Chief Privacy Officer, Office of
Administration.
[FR Doc. 2022–17895 Filed 8–18–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7062–N–15]
Privacy Act of 1974; System of
Records
Office of Policy Development &
Research, HUD.
ACTION: Notice of a modified system of
records.
AGENCY:
The purpose of the Rental
Assistance Demonstration (RAD)
Evaluation is to assess the effect of the
RAD program. This evaluation will
assess the implementation and effect of
the choice mobility option on
properties, tenants, and the voucher
program; the impact of RAD on the longterm preservation and financial viability
of converted properties; the adequacy of
asset management for RAD conversions;
PHA’s organizational change; and other
RAD tenant protections and outcomes.
This System of Records pertains
primarily to the choice mobility
component of the study, specifically the
aspect of that component that evaluates
the effect of the choice mobility option
on tenant outcomes, but also includes
some of the other components of the
study. The study will use HUD
administrative data to determine which
residents lived in a RAD-converted
property and are eligible for the RAD
choice mobility option and are still
residents at those properties or have
since left the property using a tenantbased voucher. The study includes a
census of residents who used the choice
mobility option and a survey of
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residents eligible to use the choice
mobility option but remained in their
RAD-converted developments. The
study will also collect PII on property
owners/managers, including their
names and contact information, to
survey them about the impact of RAD
on long-term preservation, financial
viability, and asset management.
DATES: Comments will be accepted on or
before September 19, 2022. This
proposed action will be effective on the
date following the end of the comment
period unless comments are received
which result in a contrary
determination.
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: www.privacy@hud.gov.
Mail: Attention: Privacy Office;
LaDonne 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
who are hearing- or speech-impaired
may access this telephone number via
TTY by calling the Federal Relay
Service at 800–877–8339 (this is a tollfree number).
SUPPLEMENTARY INFORMATION: HUD
sponsored the first phase of the RAD
evaluation, which was conducted by
Econometrica, the Urban Institute, and
SSRS and was completed in 2019.
Econometrica, the Urban Institute, and
SSRS will conduct the next phase of the
evaluation. This SORN is being revised
to include those evaluation activities.
Specific changes to the SORN include:
a. Updated system location. It added
the new address of the Urban Institute.
b. Changes to the purpose of the
system. It revised the purpose in
accordance with evaluation activities of
the next phase of the RAD evaluation.
c. Changes to the categories of
individuals covered by the system. It
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added PHA staff and property owners or
operators.
d. Changes to categories of records in
the system and sources categories. It
added surveys of PHA staff and property
owners or operators.
SYSTEM NAME AND NUMBER:
Rental Assistance Demonstration
(RAD) Program Evaluation Data Files,
PD&R/RRE.01.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410; Econometrica,
7475 Wisconsin Ave #1000, Bethesda,
MD 20814; Urban Institute, 500 L’Enfant
Plaza SW, Washington, DC 20024; The
SSRS, 1 Braxton Way, Suite 125, Glen
Mills, PA, 19342.
SYSTEM MANAGER(S):
Carol Star, Director, Division of
Program Evaluation, Department of
Housing and Urban Development, Office
of Policy Development and Research,
451 Seventh Street SW, Room 8120,
Washington, DC 20410. Phone: (202)
402–6139.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 502 (g) of the Housing and
Urban Development Act of 1970 (Pub. L.
91–609) (12 U.S.C. 1701z-1; 1701z-2(d)
and (g)).
PURPOSES OF THE SYSTEM:
The purpose of the Rental Assistance
Demonstration (RAD) Evaluation is to
assess the effect of the RAD program.
RAD provides owners and Public
Housing Authorities (PHAs) with access
to additional funding to make needed
physical improvements to such
properties.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former residents of a
RAD-converted property; PHA staff, and
the owners and managers of RAD
conversions.
CATEGORIES OF RECORDS IN THE SYSTEM:
The data sets will contain the
following categories of records.
Responses to resident survey: Include
participant’s full name, home address,
unique household identifier, and
perception of health status.
Responses to property owner or
operator survey: Include respondent’s
full name, title or position, email
address, and phone number.
Responses to PHA survey and
interview: Include respondent’s full
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]]>Agencies
[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51119-51122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17895]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7062-N-14]
Privacy Act of 1974; System of Records
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of Housing and Urban Development (HUD) is
issuing a public notice of its intent to create the Office of Single
Family Program Development Privacy Act system of records, ``Credit
Alert Reporting Verification System (CAIVRS)'', CAIVRS was developed by
the HUD in June 1987 as a shared database of defaulted Federal debtors
and enables processors of applications for Federal credit benefit to
identify individuals who are in default or have had claims paid on
direct or guaranteed Federal loans or are delinquent on other debts
owed to Federal agencies. The purpose of this system is to enable
program agencies to prescreen their borrowers and to broaden the
Federal Government's base in determining an applicant's
creditworthiness. Some of these factors include: verifying loan
applicants are not in default or delinquent on direct or guaranteed
loans of participating Federal programs, providing authorized users
with a means to prescreen applicants for Federal credit benefit in
order to avoid extending benefits to individuals who are considered
credit risks, and demonstrating to the public the importance of meeting
Federal obligations and its commitment to collecting delinquent debt.
CAIVRS is included in the HUD's inventory of record systems.
DATES: Comments will be accepted on or before September 19, 2022. This
proposed action will be effective on the date following the end of the
comment period unless comments are received which result in a contrary
determination.
ADDRESSES: You may submit comments identified by docket number by any
of the following 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: Ladonne White, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 10139, Washington, DC 20410-
0001.
Instructions: All submissions received must include the agency name
and docket number [Insert 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 20410-0001; telephone number 202-708-3054
(this is not a toll-free number). Individuals who are 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: Single Family Program Development maintains
the ``CAIVRS (F57)'' system of records. The purpose of this system is
to enable program agencies to prescreen their borrowers and to broaden
the Federal Government's base in determining an applicant's
creditworthiness. Some of these factors include: verifying loan
applicants are not in default or delinquent on direct or guaranteed
loans of participating Federal programs, providing authorized users
with a means to prescreen applicants for Federal credit benefit in
order to avoid extending benefits to individuals who are considered
credit risks, and demonstrating to the public the importance of meeting
Federal obligations and its commitment to collecting delinquent debt.
CAIVRS is included in the HUD's inventory of record systems. The system
contains borrowers with delinquent Federal debt and allows Federal
agencies to reduce the risk of future credit default to Federal insured
or guaranteed loan programs.
SYSTEM NAME AND NUMBER:
Credit Alert Reporting Verification System (CAIVRS)--HUD/PIH 01.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
CAIVRS is located and operated at NASA's John C. Stennis Space
Flight Center, located at 1100 Balch Boulevard, Stennis Space Center,
MS 39529-0001.
SYSTEM MANAGER(S):
Director, Office of Single-Family Program Development, United
States
[[Page 51120]]
Department of Housing and Urban Development, 451 7th St. SW,
Washington, DC 20410-1000. Elissa Saunders (202-402-2378 [verbar]
[email protected])
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 203, National Housing Act, P.L. 73-479 (12 U.S.C. 1709);
Section 255, National Housing Act, P.L. 73-479 (12 U.S.C. 1701z-20);
Section 165, Housing and Community Development Act of 1987, P.L. 100-
242 (42 U.S.C. 3543); Section 31001, Debt Collection Act of 1996 as
amended, P.L. 104-134 (31 U.S.C. 7701); and Section 31001, Debt
Collection Act of 1996 as amended, P.L. 104-134 (31 U.S.C. 3720B).
Office of Management and Budget (OMB) Circulars A-129 (Policies for
Federal Credit Programs and Non-Tax Receivables); the Budget and
Accounting Acts of 1921 and 1950, as amended; the Debt Collection Act
of 1982, as amended; the Deficit Reduction Act of 1984, as amended, and
the Debt Collection Improvement Act of 1996, as amended.
PURPOSE(S) OF THE SYSTEM:
The purpose of CAIVRS is to ensure participating Federal agencies
and their authorized lenders will comply with the legal requirement to
verify individuals applying for a federally backed loan, or other aid,
are not presently delinquent on another Federal obligation. CAIVRS is a
shared, inter-agency database managed by HUD where participating
agencies are required to report delinquent federal debt.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual borrowers who have applied for Federal housing loans and
have fallen delinquent.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, Date of Birth, Email Addresses, Employee Identification
Number, Home Address, Mother's Maiden Name, Social Security Number/
Taxpayer ID Number (SSNs and TINs), FHA Case Number, and Work Address.
RECORD SOURCE CATEGORIES:
F17C-FHA Connection (User ID and Password management), F71-Debt
Collection and Asset Management System--Title I, F71A-Debt Collection
and Asset Management System--Generic Debt, P278-Lender Electronic
Assessment Portal, A75R--Financial Data Mart, VA-Department of Veteran
Affairs Accounts Receivable Records 88VA244, SBA-Small Business
Administration Disaster Loan Case File and Loan System, ED-Department
of Education Common Services for Borrowers, USDA-United States
Department of Agriculture Applicant, Borrower, Grantee, or Tenant File
(Rural Development), DOJ-Department of Justice Debt Collection
Enforcement System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, the records contained
herein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
(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 Federal, State, and local agencies, their employees, and
agents to conduct computer matching programs as regulated by the
Privacy Act of 1974, as amended (5 U.S.C. 552a)
(C) 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: (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 if the information shared is necessary and relevant
to verify pre-award and prepayment requirements before 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.
(D) 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.
(E) 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.
(F) To contractors, experts, and consultants with whom HUD has a
contract, service agreement, or other assignment of the Department,
when necessary to utilize data to test new technology and systems
designed to enhance program operations and performance.
(G) To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed there has breached the system of records; (2)
HUD has determined that because 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 (3) 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 breach or to prevent,
minimize, or remedy such harm.
(H) To another Federal agency or Federal entity, when HUD
determines that information from this system of record is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) 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
[[Page 51121]]
resulting from a suspected or confirmed breach.
(I) (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 help to
enforce civil or criminal laws.
(b) To third parties during a law enforcement investigation, to the
extent to obtain information pertinent to the investigation, disclosed
such information is appropriate to the proper performance of the
official duties of the officer making the disclosure.
(J) (a) To a court, magistrate, administrative tribunal, or
arbitrator while presenting evidence, including disclosures to opposing
counsel or witnesses in 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 help to enforce civil or criminal
laws.
(c) To third parties during a law enforcement investigation to the
extent 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.
(K) 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.
(L) To match system users for security purposes. User-provided PII
may be shared with HUD departmental enforcement offices and other
Federal, state, local or tribal law enforcement agencies if there is
reason to believe that a user provided false information to obtain
access to the system, and that providing such information would help
enforce civil or criminal laws.
(M) With the United States Department of Veterans Affairs (VA), to
pre-screen applicants to determine if they are presently delinquent on
any Federal debt reported by a participating agency, and to determine
if they are eligible for a new federally backed loan or grant.
With the United States Small Business Administration (SBA) to pre-
screen applicants to determine if they are presently delinquent on any
Federal debt reported by a participating agency, and to determine if
they are eligible for a new federally backed loan or grant.
With the United States Department of Education to pre-screen
applicants to determine if they are presently delinquent on any Federal
debt reported by a participating agency, and to determine if they are
eligible for a new federally backed loan or grant.
With the United States Department of Agriculture (USDA) to pre-
screen applicants to determine if they are presently delinquent on any
Federal debt reported by a participating agency, and to determine if
they are eligible for a new federally backed loan or grant.
With the United States DOJ to pre-screen applicants to determine if
they are presently delinquent on any Federal debt reported by a
participating agency, and to determine if they are eligible for a new
federally backed loan or grant.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic only.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Name and Social Security Number/Taxpayer ID Number (SSNs and TINs).
POLICIES AND PRACTICIES FOR RENTENTION AND DISPOSAL OF RECORDS:
All records related to Federal Housing Administration (FHA)
Mortgage Credit Alert report will be destroyed according to HUD
Schedule Appendix 20 Single Family Home Mortgage Insurance Program
Records, item 13B6 which states the following, destroy when superseded
or obsolete. All records related to FHA Mortgage Credit Verification
will be destroyed according to HUD Schedule Appendix 5 Technical
Support Records, item 7 which states the following, destroy when
superseded or obsolete.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
CAIVRS and its data are located on centralized servers within
Federal facilities with access control in place. Physical controls
include cypher and combination locks, key card-controlled access,
security guards, closed circuit TV, identification badges, and safes.
Administrative controls include encryption of back-up data, back-ups
secured off-site, methods to ensure only authorized users have access
to PII, periodic security audits, regular monitoring of system users'
behavior. Technical controls include encryption of Data at Rest and in
Transit, firewalls at HUD and each reporting agency, role-based access
controls, user IDs and passwords, Least Privileged access, elevated
and/or administrative privileged access, PIV cards, intrusion detection
systems. Additional measures to safeguard the system include role-based
Privacy Act training required for HUD personnel responsible for CAIVRS
system program management, IT security monitoring by the US Department
of Housing and Urban Development and the US Department of Homeland
Security.
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.
[[Page 51122]]
CONTESTING RECORD PROCEDURES:
Same as the Notification Procedures below.
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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
N/A.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2022-17895 Filed 8-18-22; 8:45 am]
BILLING CODE 4210-67-P
