Privacy Act of 1974; System of Records, 14634-14637 [2023-04830]
Download as PDF
14634
Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and
entering USCIS–2006–0072 in the
search box. All submissions will be
posted, without change, to the Federal
eRulemaking Portal at https://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to
consider limiting the amount of
personal information that you provide
in any voluntary submission you make
to DHS. DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension, Without Change, of a
Currently Approved Collection.
(2) Title of the Form/Collection:
Declaration of Financial Support.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–134; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. U.S. Citizenship and
Immigration Services (USCIS) and
consular officers of the Department of
State (DOS) use Form I–134 to
determine whether, at the time of the
beneficiary’s application, petition, or
VerDate Sep<11>2014
18:19 Mar 08, 2023
Jkt 259001
request for certain immigration benefits,
that the beneficiary has sufficient
financial support to pay for expenses for
the duration of their temporary stay in
the United States.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–134 is 2,500 and the
estimated hour burden per response is
2 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 5,000 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $10,625.
Dated: March 3, 2023.
Jerry Rigdon,
Acting Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security.
[FR Doc. 2023–04794 Filed 3–8–23; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7077–N–05]
Privacy Act of 1974; System of
Records
Office of Administration, HUD.
Notice of a modified system of
AGENCY:
ACTION:
records.
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Housing and
Urban Development (HUD) is issuing a
public notice of its intent to modify the
Multifamily Housing Privacy Act system
of records for the Comprehensive
Servicing and Monitoring System
(CSMS). The modification will clarify
the location of records; the system
manager; authority for maintenance of
the system; and routine uses of records
in the system.
DATES: Comments will be accepted on or
before April 10, 2023. This proposed
action will be effective immediately
upon publication. Routine uses will
become 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 or by one
of the following methods:
SUMMARY:
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
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, Chief Privacy Officer;
The Executive Secretariat; 451 Seventh
Street SW, Room 10139; Washington,
DC 20410–0001.
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–
0001; telephone number 202–708–3054
(this is not a toll-free number). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs.
SUPPLEMENTARY INFORMATION: The
Department of Housing and Urban
Development (HUD), Office of Finance
and Budget maintains the
‘‘Comprehensive Servicing and
Management System’’ (CSMS). CSMS is
a mixed financial system that is used for
property management and loan
servicing. HUD is publishing this
revised notice to; update system
location; system manager; authorities;
safeguards; routine uses; to reflect
updated information in the sections
being revised. The modification of the
system of records will have no undue
impact on the privacy of individuals
and updates follow the records
collected.
1. Location—Added the location of
backup records.
2. System Manager—Identified new
system manager expected to operate
under this system.
3. Authorities—Clarified authorities
governing Social Security number
collection. requirements, which is the
United States Housing and Community
Development Act of 1987, 42 U.S.C.
3543(a).
4. Administrative and Technical
Safeguards—Clarified or updated
information about the applicable
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices
safeguards to records. Describes rolebased access and annual certification.
5. Routine Use—Incorporated three
newly established routine uses
pertaining to sharing of information
externally for data breach remediation
purposes; and matching program for use
by the Department of the Treasury,
Bureau of the Fiscal Service (Fiscal
Service), Do Not Pay Business Center
(DNP), to detect suspected instances of
programmatic fraud, waste, and abuse.
Streamlined and added specific routine
uses that are applicable to this system
of record rather than relying on HUD’s
previously published blanket routine
uses notice.
SYSTEM NAME AND NUMBER:
HUD/DEPT–03 Comprehensive
Servicing and Management System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at Dynaxis,
1911 Tech Rd, Silver Spring, MD 20904;
at a secure data center at the Disaster
Recovery Site, 8180 Green Meadows
Drive North, Lewis Center, OH 43035–
0001.
SYSTEM MANAGER(S):
Cynthia Tilton, Office of Multifamily
Asset Management and Portfolio
Oversight, HUD HQ 451 7th St. SW,
Washington, DC 20410.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The National Housing Act, 12 U.S.C
1701 et seq., authorizes the loan
programs that are serviced by CSMS; the
United States Housing Act of 1937, as
amended, 42 U.S.C. 1437 et seq.; The
Housing and Community Development
Amendments of 1981, 12 U.S.C. 2294a;
the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988
Section 904 as amended, 42 U.S.C.
3544; the United States Housing and
Community Development Act of 1987,
Section 165, 42 U.S.C. 3543(a), permits
the participants to submit their SSNs as
a condition of eligibility.
ddrumheller on DSK120RN23PROD with NOTICES1
PURPOSES OF THE SYSTEM:
CSMS is a loan servicing, property
management, and accounting system.
The purpose of the system is to bill and
collect funds owed to HUD/FHA, to
provide program information about loan
repayment and status, to manage
investment of reserve for replace funds,
to process and reimburse property
managers or vendors for expenses
incurred in managing multifamily
properties owned by the Department, to
track lease information for tenants living
in HUD-owned properties, and to
VerDate Sep<11>2014
18:19 Mar 08, 2023
Jkt 259001
account for all transactions on this
portfolio. CSMS is a subsidiary ledger to
the FHA’s general ledger. CSMS
provides servicing for loans acquired
through the payment of an insurance
claims and loans from the Mark to
Market and Demonstration preservation
programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Mortgagors, billing agents, vendors
who are local businesses involved in
property management or inspection and
tenants, federal employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Property names; Addresses; Phone
numbers; Email addresses; Borrower’s
TIN/Social Security Numbers; Financial
information (institutional information,
routing, account numbers and account
type; Reserve for Replacement escrow
accounts; accounting data including
debits and credits to HUD accounts
based on transaction events; Collection
history; Mortgagee-in-Possession
activity; loan termination data; HUDOwned Property/Tenant: Names;
addresses; Email addresses; Social
Security Number; Marital status;
Gender; Bid packages; Closing activities;
Vendor/business partner (financial
information, TIN/SSN, routing, account
numbers, small business identifier.
RECORD SOURCE CATEGORIES:
Records in the system are obtained
from HUD employees and their
contractors who deal directly with the
mortgagors, billing agents, vendors, and
tenants. Information is also obtained
from Integrated Real Estate Management
System. All other data is collected from
FHA Subsidiary ledger.
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 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;
and (3) detection of fraud, waste, and
abuse by individuals in their operations
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
14635
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 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.
(C) 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, 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.
(D) To contractors, grantees, experts,
consultants and their agents, or others
performing or working under a contract,
service, grant, cooperative agreement, or
other 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.
(E) To appropriate federal, state, local,
tribal, or other governmental entities,
with the approval of the Chief Privacy
Officer, when HUD is aware of a need
to use relevant data for purposes of
testing new technology.
(F) To appropriate agencies, entities,
and persons when (1) HUD suspects or
has confirmed that there has been a
breach of the system of records, (2) 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
(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.
(G) To another Federal agency or
Federal entity when HUD determines
E:\FR\FM\09MRN1.SGM
09MRN1
ddrumheller on DSK120RN23PROD with NOTICES1
14636
Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices
that information from this system of
records 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, resulting from a suspected or
confirmed breach.
(H) 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.
(I) 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.
(J) 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
VerDate Sep<11>2014
18:19 Mar 08, 2023
Jkt 259001
likely to affect HUD or any of its
components.
(K) To the IRS for reporting of
payments, forgiveness of debt, and
property sales under section 6109 of the
Internal Revenue Code.
(L) To banks holding escrow monies
for the purpose of establishing interest
bearing accounts and reporting of
interest payments to the IRS under
section 6109 of the Internal Revenue
Code.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Electronic and paper records.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Borrowers Name and TIN/SSN.
POLICIES AND PRACTICIES FOR RETENTION AND
DISPOSAL OF RECORDS:
Destroy 6 years after final payment or
cancellation, but longer retention is
authorized if required for business use.
Destroy 3 years after lease termination,
lapse, reassignment, rejection of
application, cancellation of lease, or
conclusion of litigation, as applicable.
CSMS Disposition information is:
• HUD Schedule 10, item 7, NC1–
207–78–12, item 7
• GRS 3.2, item 51, DAA–GRS–2013–
0006–0008
• GRS 5.2, item 20, DAA–GRS–2017–
0003–0002
• GRS 3.2, item 30, DAA–GRS–2013–
0006–0003
• GRS 3.2, item 40 and 41, Item 40_
DAA–GRS–2013–0006–0005 and Item
41_DAA–GRS–2013–0006–0006
• GRS 3.1, item 10 and 11, DAA–
GRS–2013–0005–0006 and DAA–GRS–
2013–0005–0007
• GRS 3.1, item 51, DAA–GRS–2013–
0005–003
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to CSMS is by password and
user ID and limited to authorized users.
Paper records are maintained in locked
drawer or in file cabinets at 11911 Tech
Road, Silver Spring, MD 20904. Rolebased access levels or assignment roles
are restricted to those who have a needto-know. When first gaining access to
CSMS and on an annual basis, all users
must agree to the systems ‘‘Rules of
Behavior’’ which specify handling of
personal information and any physical
records.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this System of Records contains
information on themselves should
address written inquiries to the
Department of Housing Urban and
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
Development, 451 7th Street SW,
Washington, DC. For verification,
individuals should provide full name,
current address, and telephone number.
In addition, the requester must provide
either a notarized statement or an
unsworn declaration made under 24
CFR 16.4, in the following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’ If executed
within the United States, its territories,
possessions, or commonwealths: ‘‘I
declare (or certify, verify, or state) under
penalty of perjury that the foregoing is
true and correct. Executed on (date).
(Signature).’’ More information
regarding HUD’s procedures for
accessing records in accordance with
the Privacy Act can be found at 24 CFR
16.4, ‘‘Protection of Privacy and Access
to Individual Records Under the Privacy
Act of 1974.’’
CONTESTING RECORD PROCEDURES:
The HUD rule for accessing,
contesting, and appealing agency
determinations by the individual
concerned are published in 24 CFR part
16.8 or may be obtained from the system
manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether information about themselves
is contained in this system should
address written inquiries to the
Department of Housing Urban
Development Office of Multifamily
Housing, 451 7th Street SW,
Washington, DC 20410–0001. For
verification purposes, individuals
should provide full name, office or
organization where currently assigned,
if applicable, and current address and
telephone number. In addition, the
requester must provide either a
notarized statement or an unsworn
declaration made in accordance with 24
CFR part 16 in the following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. executed
on (Date). (Signature).’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices
HISTORY:
FOR FURTHER INFORMATION CONTACT:
PURPOSES OF THE SYSTEM:
FR–7009–N–01, 2/20/2018, 83 FR
7208.
LaDonne White; 451 Seventh Street SW,
Room 10139; Washington, DC 20410–
0001; telephone number 202–708–3054
(this is not a toll-free number). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs.
SUPPLEMENTARY INFORMATION: The new
system of records titled, ‘‘Hardship
Reassignment Program.’’ This system of
records covers HUD’s collection and
maintenance of records on individuals
who request and/or receive a
reassignment, due to a hardship; in
accordance with 5 CFR 335.102, 5 CFR
302.102(a), and 5 CFR 210.102(b)(12)
and HUD’s Hardship Reassignment
Policy and Procedures Handbook
(560.1). These procedures are intended
to accommodate, if possible, an
employee’s request to permanently
relocate due to family difficulties. These
procedures do not impede the program
office’s ability to make employee
assignments. Additionally, this policy
does not require program offices (or
selecting officials) to place employees in
vacant positions solely based on a
hardship. The filling of vacant positions
is always at management’s discretion.
The purpose of this system is to allow
HUD to collect and maintain records on
employees requesting or receiving a
relocation due to a hardship, while
documenting such determinations to
otherwise comply with mandates and
Executive Orders. Other purposes for
the use of this system are to monitor,
process, track and report the processing
of approved requests; to locate
individuals for personnel research, and
to document security violations and
supervisory actions taken. Additionally,
these records may be used to help
streamline and make more efficient the
investigations and adjudications
processes, while ensuring compliance
with applicable laws and regulations,
including confidentiality requirements
protecting the information individuals
submit in support of their hardship
reassignment request.
LaDonne White,
Chief Privacy Officer, Office of
Administration.
[FR Doc. 2023–04830 Filed 3–8–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7077–N–04]
Privacy Act of 1974; System of
Records
Office of Administration, HUD.
Notice of a new system of
AGENCY:
ACTION:
records.
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Housing and
Urban Development (HUD), Office of the
Chief Human Capital Officer (OCHCO)
is issuing a public notice of its intent to
establish a Privacy Act System of
Records titled ‘‘Hardship
Reassignment’’. The purpose of this
system of records is to allow HUD to
collect and maintain records on
individuals requesting a reassignment
due to a hardship.
DATES: Comments will be accepted on or
before April 10, 2023. This proposed
action will be effective immediately
upon publication. Routine uses will
become 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 or by one
of the following method—Docket
Number not yet identified.
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, Chief Privacy Officer;
The Executive Secretariat; 451 Seventh
Street SW, Room 10139; Washington,
DC 20410–0001.
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.
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
14637
VerDate Sep<11>2014
19:44 Mar 08, 2023
Jkt 259001
SYSTEM NAME AND NUMBER:
Hardship Reassignment Program,
HUD/OCHCO–04.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the
following locations: U.S. Department of
Housing and Urban Development
Headquarters location, 451 7th Street
SW, Washington, DC 20410–0001.
SYSTEM MANAGER(S):
Sophia Spadacino, Acting Branch
Chief, Office of the Chief Human Capital
Officer (OCHCO), Employee Health and
Wellness Division (EHWD), Reasonable
Accommodation Branch (RAB), 451
Seventh Street SW, Washington, DC
20410–0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The following legal authority (statute
section, Executive Order, etc.)
authorizes the maintenance of the
records in the system: 5 CFR 335.102, 5
CFR 302.102(a), and 5 CFR
210.102(b)(12) and HUD’s Hardship
Reassignment Policy and Procedures
Handbook (650.1).
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
HUD employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, home address, email address,
home telephone numbers, office
telephone numbers, work address,
employment status, history, salary
employee location, grade preference,
family information such as medical
records to include disability
information.
RECORD SOURCE CATEGORIES:
HUD Employees.
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: (1) HUD suspects or
has confirmed that there has been a
breach of the system of records; (2) 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,
program 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.
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 (1)
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14634-14637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04830]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7077-N-05]
Privacy Act of 1974; System of Records
AGENCY: Office of Administration, HUD.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Housing and Urban Development (HUD) is
issuing a public notice of its intent to modify the Multifamily Housing
Privacy Act system of records for the Comprehensive Servicing and
Monitoring System (CSMS). The modification will clarify the location of
records; the system manager; authority for maintenance of the system;
and routine uses of records in the system.
DATES: Comments will be accepted on or before April 10, 2023. This
proposed action will be effective immediately upon publication. Routine
uses will become 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 or by
one 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: Privacy Office; LaDonne White, Chief Privacy
Officer; The Executive Secretariat; 451 Seventh Street SW, Room 10139;
Washington, DC 20410-0001.
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 20410-0001; telephone number 202-708-3054
(this is not a toll-free number). HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION: The Department of Housing and Urban
Development (HUD), Office of Finance and Budget maintains the
``Comprehensive Servicing and Management System'' (CSMS). CSMS is a
mixed financial system that is used for property management and loan
servicing. HUD is publishing this revised notice to; update system
location; system manager; authorities; safeguards; routine uses; to
reflect updated information in the sections being revised. The
modification of the system of records will have no undue impact on the
privacy of individuals and updates follow the records collected.
1. Location--Added the location of backup records.
2. System Manager--Identified new system manager expected to
operate under this system.
3. Authorities--Clarified authorities governing Social Security
number collection. requirements, which is the United States Housing and
Community Development Act of 1987, 42 U.S.C. 3543(a).
4. Administrative and Technical Safeguards--Clarified or updated
information about the applicable
[[Page 14635]]
safeguards to records. Describes role-based access and annual
certification.
5. Routine Use--Incorporated three newly established routine uses
pertaining to sharing of information externally for data breach
remediation purposes; and matching program for use by the Department of
the Treasury, Bureau of the Fiscal Service (Fiscal Service), Do Not Pay
Business Center (DNP), to detect suspected instances of programmatic
fraud, waste, and abuse. Streamlined and added specific routine uses
that are applicable to this system of record rather than relying on
HUD's previously published blanket routine uses notice.
SYSTEM NAME AND NUMBER:
HUD/DEPT-03 Comprehensive Servicing and Management System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at Dynaxis, 1911 Tech Rd, Silver Spring, MD
20904; at a secure data center at the Disaster Recovery Site, 8180
Green Meadows Drive North, Lewis Center, OH 43035-0001.
SYSTEM MANAGER(S):
Cynthia Tilton, Office of Multifamily Asset Management and
Portfolio Oversight, HUD HQ 451 7th St. SW, Washington, DC 20410.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The National Housing Act, 12 U.S.C 1701 et seq., authorizes the
loan programs that are serviced by CSMS; the United States Housing Act
of 1937, as amended, 42 U.S.C. 1437 et seq.; The Housing and Community
Development Amendments of 1981, 12 U.S.C. 2294a; the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 Section 904 as
amended, 42 U.S.C. 3544; the United States Housing and Community
Development Act of 1987, Section 165, 42 U.S.C. 3543(a), permits the
participants to submit their SSNs as a condition of eligibility.
PURPOSES OF THE SYSTEM:
CSMS is a loan servicing, property management, and accounting
system. The purpose of the system is to bill and collect funds owed to
HUD/FHA, to provide program information about loan repayment and
status, to manage investment of reserve for replace funds, to process
and reimburse property managers or vendors for expenses incurred in
managing multifamily properties owned by the Department, to track lease
information for tenants living in HUD-owned properties, and to account
for all transactions on this portfolio. CSMS is a subsidiary ledger to
the FHA's general ledger. CSMS provides servicing for loans acquired
through the payment of an insurance claims and loans from the Mark to
Market and Demonstration preservation programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Mortgagors, billing agents, vendors who are local businesses
involved in property management or inspection and tenants, federal
employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Property names; Addresses; Phone numbers; Email addresses;
Borrower's TIN/Social Security Numbers; Financial information
(institutional information, routing, account numbers and account type;
Reserve for Replacement escrow accounts; accounting data including
debits and credits to HUD accounts based on transaction events;
Collection history; Mortgagee-in-Possession activity; loan termination
data; HUD-Owned Property/Tenant: Names; addresses; Email addresses;
Social Security Number; Marital status; Gender; Bid packages; Closing
activities; Vendor/business partner (financial information, TIN/SSN,
routing, account numbers, small business identifier.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from HUD employees and their
contractors who deal directly with the mortgagors, billing agents,
vendors, and tenants. Information is also obtained from Integrated Real
Estate Management System. All other data is collected from FHA
Subsidiary ledger.
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 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; and (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 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.
(C) 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.
(D) To contractors, grantees, experts, consultants and their
agents, or others performing or working under a contract, service,
grant, cooperative agreement, or other 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.
(E) To appropriate federal, state, local, tribal, or other
governmental entities, with the approval of the Chief Privacy Officer,
when HUD is aware of a need to use relevant data for purposes of
testing new technology.
(F) To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed that there has been a breach of the system of
records, (2) 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 (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.
(G) To another Federal agency or Federal entity when HUD determines
[[Page 14636]]
that information from this system of records 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, resulting from a suspected or
confirmed breach.
(H) 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.
(I) 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.
(J) 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.
(K) To the IRS for reporting of payments, forgiveness of debt, and
property sales under section 6109 of the Internal Revenue Code.
(L) To banks holding escrow monies for the purpose of establishing
interest bearing accounts and reporting of interest payments to the IRS
under section 6109 of the Internal Revenue Code.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic and paper records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Borrowers Name and TIN/SSN.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Destroy 6 years after final payment or cancellation, but longer
retention is authorized if required for business use. Destroy 3 years
after lease termination, lapse, reassignment, rejection of application,
cancellation of lease, or conclusion of litigation, as applicable.
CSMS Disposition information is:
HUD Schedule 10, item 7, NC1-207-78-12, item 7
GRS 3.2, item 51, DAA-GRS-2013-0006-0008
GRS 5.2, item 20, DAA-GRS-2017-0003-0002
GRS 3.2, item 30, DAA-GRS-2013-0006-0003
GRS 3.2, item 40 and 41, Item 40_DAA-GRS-2013-0006-0005
and Item 41_DAA-GRS-2013-0006-0006
GRS 3.1, item 10 and 11, DAA-GRS-2013-0005-0006 and DAA-
GRS-2013-0005-0007
GRS 3.1, item 51, DAA-GRS-2013-0005-003
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to CSMS is by password and user ID and limited to authorized
users. Paper records are maintained in locked drawer or in file
cabinets at 11911 Tech Road, Silver Spring, MD 20904. Role-based access
levels or assignment roles are restricted to those who have a need-to-
know. When first gaining access to CSMS and on an annual basis, all
users must agree to the systems ``Rules of Behavior'' which specify
handling of personal information and any physical records.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this System of Records
contains information on themselves should address written inquiries to
the Department of Housing Urban and Development, 451 7th Street SW,
Washington, DC. For verification, individuals should provide full name,
current address, and telephone number. In addition, the requester must
provide either a notarized statement or an unsworn declaration made
under 24 CFR 16.4, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).'' If executed within the United States, its
territories, possessions, or commonwealths: ``I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on (date). (Signature).'' More information
regarding HUD's procedures for accessing records in accordance with the
Privacy Act can be found at 24 CFR 16.4, ``Protection of Privacy and
Access to Individual Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
The HUD rule for accessing, contesting, and appealing agency
determinations by the individual concerned are published in 24 CFR part
16.8 or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Department of Housing Urban Development Office of Multifamily
Housing, 451 7th Street SW, Washington, DC 20410-0001. For verification
purposes, individuals should provide full name, office or organization
where currently assigned, if applicable, and current address and
telephone number. In addition, the requester must provide either a
notarized statement or an unsworn declaration made in accordance with
24 CFR part 16 in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. executed on
(Date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
[[Page 14637]]
HISTORY:
FR-7009-N-01, 2/20/2018, 83 FR 7208.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-04830 Filed 3-8-23; 8:45 am]
BILLING CODE P