Privacy Act of 1974; System of Records, 12865-12868 [2024-03312]
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Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices
providing information about how
disaster recovery programs funded
through CDBG–DR have different
impacts on renters and homeowners,
and how disasters impact affordable
rental housing stock over time. This
research will be used to assess renter
outcomes, barriers to accessing recovery
resources, and mechanisms of Federal
and local implementation of CDBG–DR
grants. Results from this study will
support HUD in identifying
opportunities for changes to legislation,
policy and program implementation in
disaster recovery to improve outcomes
for renters.
This Federal Register Notice provides
an opportunity to comment on the
information collection for this study
titled HUDRD CDBG Disaster Recovery
Outcomes of Renter Households. The
information collection is designed to
support the study of disaster outcomes
on renters, including to better
understand CDBG–DR allocations across
housing tenure, specifically for renters,
identify successful processes with
corresponding outcomes for rental
housing recovery aid programs and
translate this research into actionable
programmatic recommendations with
appropriate timelines, policy making
and implementation changes to improve
these outcomes. The study includes a
survey, interviews and focus groups in
communities that have received CDBG–
DR funding.
ANNUALIZED BURDEN TABLE
Number of
respondents
ddrumheller on DSK120RN23PROD with NOTICES1
Information collection
Frequency of
response
Responses
per annum
Burden hour
per
response
Annual
burden
hours
Hourly cost
per
response
Annual cost
Interviews with renters, developers,
landlords .......................................
Surveys of Renters ..........................
Renter focus groups questions ........
Survey of CDBG–DR recipients ......
150
185
50
50
1
1
2
1
150
185
100
50
1
0.5
4
1
150
92.5
400
50
$43.07
43.07
43.07
58.08
$6,460.5
3,983.98
17,228.00
2,904.00
Total ..........................................
435
........................
....................
....................
692.5
....................
$30,576.48
B. Solicitation of Public Comment
C. Authority
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) 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) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(5) Ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comments in response to these
questions.
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
chapter 35.
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Anna P. Guido,
Department Reports Management Office,
Office of Policy Development and Research,
Chief Data Officer.
[FR Doc. 2024–03408 Filed 2–16–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7092–N–20]
Privacy Act of 1974; System of
Records
Office of Single-Family
Housing, Office of Housing, HUD.
ACTION: Notice of a modified system of
records.
AGENCY:
HUD Single Family Asset
Management relies on the Single-Family
Mortgage Asset Recovery Technology
(SMART) System to provide various
loan servicing functions including
generating payoffs and processing
payments for HUD FHA Insured Title II
Secretary held loans. Pursuant to the
Privacy Act of 1974, as amended, the
Department of Housing and Urban
Development (HUD), Office of SingleFamily Housing, is modifying system of
records, the Single-Family Mortgage
Asset Recovery Technology (SMART)
System. The modification will clarify
the categories of system location, system
SUMMARY:
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manager, authority for maintenance,
purpose of the system, record source
categories, routine uses of records
maintained in the system, storage,
retention and disposal, safeguards.
DATES: Comments will be accepted on or
before March 21, 2024. 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.
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: 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
LaDonne White 451 Seventh Street SW,
Room 10139; Washington, DC 20410–
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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: HUD
Single Family Asset Management relies
on the Single-Family Asset Recovery
Technology (SMART) System to provide
various loan servicing functions
including generating payoffs and
processing for HUD FHA Insured Title
II forward Secretary held loans. HUD is
publishing this revised notice to update
system location, manager, purpose,
categories, routine uses, storage,
retention and disposal, safeguards to
mirror updated information in the
sections being modified. The revision of
system records will have no
unnecessary impact on the individual’s
privacy and updates follow the records
collected.
1. Location—Added the new location
of backup records.
2. System Manager—Identified the
new system manager operating this
system of records.
3. Purpose—Expanded to include
detailed loan servicing information.
4. Record Source Categories—
Updated to cover all electronic and
manual record sources for internal and
external systems to HUD.
5. Routine Uses—Amended to cover
routine uses that are new, modified or
removed.
a. Added Routine Use (1) to address
disclosures to the National Archives and
Records Administration, Office of
Government Information Services, to
review administrative agency policies,
procedures in compliance with FOIA
and to facilitate the resolution of
disputes between individuals making
FOIA requests and administrative
agencies.
b. Added Routine Use (2) for
disclosures made to congressional office
from the record of an individual, in
response to an inquiry from the
congressional office completed at the
request of that individual.
c. Added Routine Use (3) to cover
contractors who require access to the
system in order to perform an agency
function.
d. Added Routine Use (4) to address
disclosures for Federal agencies, nonFederal entities, their employees, agents
(including contractors, their agents, or
employees) for detecting, preventing
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improper payments, fraud, waste, and
abuse in Federal programs.
e. Added Routine Use (5) for
disclosures made to contractors,
grantees, experts, consultants, Federal
agencies, and non-Federal entities
conducting research and statistical
analysis on HUD programs.
f. Added Routine Use (6) to cover
disclosures related to using new
technology including system designs to
improve overall program performance.
g. Added Routine Use (7) and (8) for
disclosures made to agencies, entities,
and persons to assist HUD in
responding to alleged or confirmed
breaches of system records or other
Federal agencies where HUD determines
information from system records is
needed to assist the agency in
responding to an alleged or confirmed
breach.
h. Added Routine Use (9) to address
disclosures to Federal, State, local,
tribal, or other governmental agencies or
multilateral governmental organizations
in authority of investigating or
prosecuting the violations of, or for
enforcing or implementing, a criminal
or civil statue, rule, regulation, order, or
license.
i. Added Routine Use (10) covering
disclosures related to any area of the
Department of Justice or other Federal
agency overseeing litigation or related
proceedings.
j. Previously published Routine Uses
(a) and (b) have been renumbered to (11)
and (12), but otherwise remain
unchanged.
k. Added a note to allow for
disclosures pursuant to 5 U.S.C.
552a(b)(12) to cover consumer reporting
agency related disclosures on attempts
of the agency to collect claims owed on
behalf of the government.
6. Storage—Simplified the
information regarding storage.
7. Retention and Disposal—Added
additional disposition details.
8. Safeguards—Included more detail
on updates to safeguard procedures.
SYSTEM NAME AND NUMBER:
Single-Family Mortgage Asset
Recovery Technology (SMART), HUD/
HOU–58.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Digital records are maintained at the
Amazon Web Services (AWS) Simple
Technology Solutions Inc, 1775 I Street
NW, Suite 1150, Washington, DC 2006–
2402. Active paper records are kept at
ISN Corporation, 2000 N Classen Blvd.,
Suite 3200, Oklahoma City, OK 73106.
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SYSTEM MANAGER(S):
Office of Single-Family Housing, Julia
Rogers, Director, National Servicing
Center, 301 NW 6th Street, Suite 200,
Oklahoma City, OK 73102, Telephone
Number (405) 609–8414.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Housing and Community
Development Act of 1987, 42 U.S.C.
3543(a); Sec. 204, National Housing Act,
12 U.S.C. 1710(a). 42 U.S. Code 3543.
PURPOSE(S) OF THE SYSTEM:
The Single Family Mortgage Asset
Recovery Technology (SMART) System
is a specialized servicing webapplication that is used to service and
track servicing activities for the
Secretary Held portfolio including 235
insured, Asset Control Area Program
(ACA), Emergency Home Loan Program
(EHLP), Good Neighbor Next Door
Program (GNND), Hope for Homeowners
(H4H), Nehemiah Program, Partial
Claim (PC), Purchase Money Mortgage
(PMM). SMART provides automated
business processes to perform
comprehensive loan servicing for loan
programs that are under the jurisdiction
of the National Servicing Center.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Mortgagors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, Social Security Number,
Date of Birth, Email work Address,
Financial Information, Home Address,
Phone Number, Spouse Name, Lender
Loan Number, FHA Case Number.
RECORD SOURCE CATEGORIES:
Records are initiated from HUD
employees and their contractors.
Information is also received from Single
Family Insurance System (CLAIMS
Subsystem), Asset Disposition and
Management System, HUD FHA
Resource Center Customer Relationship
Management System (CRM).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
(1) To the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures and compliance with the
Freedom of Information Act (FOIA), and
to facilitate OGIS’ offering of mediation
services to resolve disputes between
persons making FOIA requests and
administrative agencies.
(2) To a congressional office from the
record of an individual, in response to
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an inquiry from the congressional office
made at the request of that individual.
(3) 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.
(4) To Federal agencies, non-Federal
entities, their employees, and agents
(including contractors, their agents or
employees; employees or contractors of
the agents or designated agents); or
contractors, their employees or agents
with whom HUD has a contract, service
agreement, grant, cooperative
agreement, or computer matching
agreement for the purpose of: (1)
detection, prevention, and recovery of
improper payments; (2) detection and
prevention of fraud, waste, and abuse in
major Federal programs administered by
a Federal agency or non-Federal entity;
(3) detection of fraud, waste, and abuse
by individuals in their operations and
programs; or (4) 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.
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, 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.
(5) 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,
to otherwise support the Department’s
mission, or for other research and
statistical purposes not otherwise
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prohibited by law or regulation. 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.
(6) To contractors, experts, and
consultants with whom HUD has a
contract, service agreement, assignment,
or other agreement, when necessary, to
utilize relevant data for the purpose of
testing new technology and systems
designed to enhance program operations
and performance.
(7) 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, 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 to prevent, minimize, or remedy
such harm.
(8) 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)
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.
(9) 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 and when such records,
either alone or in conjunction with
other information, indicate a violation
or potential violation of law.
(10) 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)
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12867
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.
(11) To the U.S. Treasury for
disbursements and adjustments.
(12) To the IRS for reporting of
discharge indebtedness.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Electronic and paper records.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by mortgagor
name, FHA Case Number, or property
address.
POLICIES AND PRACTICIES FOR RETENTION AND
DISPOSAL OF RECORDS:
In accordance with HUD records
disposition schedule 2225.6, Appendix
20. records are destroyed upon
successful creation of the final
document or file, or when no longer
needed for business use, whichever is
later. Backup and recovery digital media
will be destroyed or otherwise rendered
irrecoverable per NIST SP 800–88
‘‘Guidelines for Media Sanitization.’’
GRS 5.2, Item 20, DAA–GRS2017–0003–
0002. Temporary. Destroy upon
verification of successful creation of the
final document or file, or when no
longer needed for business use,
whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Administrative Safeguards: When first
gaining access to SMART and annually,
all users must agree to the systems
‘‘Rules of Behavior’’ which specify
handling of personal information and
any physical records.
Technical Safeguards: Controls for the
system include, but are not limited to,
username identification, password
protection, multi-factor authentication,
firewalls, virtual private network,
encryption, and is limited to authorized
users.
Physical Safeguards: Controls to
secure the data and protect paper
records are maintained and locked in
file cabinets. The original collateral
documents (hard copy) are stored at the
contractor’s office site for all open loans
and the closed documents are stored at
a secured offsite document storage
facility. All hard copy files are stored
within a secured room within the
contractor’s secured office suite when
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Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices
not in use. Background screening,
limited authorizations, and access, with
access limited to authorized personnel
and technical restraints employed
regarding accessing the records, access
to automated systems by authorized
users by username and passwords.
RECORD ACCESS PROCEDURES:
Individuals requesting records of
themselves should address written
inquiries to the Department of Housing
Urban and Development 451 7th Street
SW, Washington, DC 20410–0001. For
verification, individuals should provide
their 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.
The HUD rule for contesting the
content of any record pertaining to the
individual by the individual concerned
is published in 24 CFR 16.8 or may be
obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals requesting notification of
records of themselves should address
written inquiries to the Department of
Housing Urban Development, 451 7th
Street SW, Washington, DC 20410–0001.
For verification purposes, individuals
should provide their full name, office or
organization where assigned, if
applicable, and 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Docket No. FR–5386–N–05, 75 FR
34755, June 18, 2010.
LaDonne White,
Chief Privacy Officer, Office of
Administration.
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
ddrumheller on DSK120RN23PROD with NOTICES1
Fish and Wildlife Service
[Docket No. FWS–R2–ES–2024–N011;
FXES11130200000–245–FF02ENEH00]
Endangered and Threatened Wildlife
and Plants; Initiation of 5-Year Status
Reviews of 22 Species in the
Southwest; Correction
Fish and Wildlife Service,
Interior.
16:54 Feb 16, 2024
We are requesting submission of
new information no later than February
26, 2024.
DATES:
Beth
Forbus, by telephone at 505–248–6681
or by email at Beth_Forbus@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
On
January 25, 2024, we, the U.S. Fish and
Wildlife Service, published a notice
initiating 5-year status reviews of 22
species in the Southwest under the
Endangered Species Act (16 U.S.C. 1531
et seq.). We inadvertently provided
incorrect information for the Austin,
Texas, field office and misprinted the
listing status of one species, the
whooping crane (Grus americana). We
are publishing this notice to make those
corrections. For how to provide
comments, see our January 25, 2024,
notice (89 FR 4966).
SUPPLEMENTARY INFORMATION:
Corrections
[FR Doc. 2024–03312 Filed 2–16–24; 8:45 am]
VerDate Sep<11>2014
We, the U.S. Fish and
Wildlife Service, published a notice in
the Federal Register on January 25,
2024, initiating 5-year status reviews of
22 species in the Southwest under the
Endangered Species Act. We
inadvertently provided incorrect
information for our Austin, Texas, field
office and misprinted the listing status
of one species, the whooping crane. We
are publishing this notice to make those
corrections.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
CONTESTING RECORD PROCEDURES:
AGENCY:
Notice of initiation of reviews;
correction.
ACTION:
Jkt 262001
In the Federal Register of January 25,
2024, in FR Doc. 2024–01493, please
make the following corrections:
1. On page 4967, in the first row of the
table, replace the telephone number in
the ‘‘Contact person, phone, email’’
entry with ‘‘512–937–7371’’.
2. On page 4967, in the first row of the
table, replace the entire ‘‘Contact
person’s U.S. mail address’’ entry with
‘‘U.S. Fish and Wildlife Service, Austin
Ecological Services Office, 1505
Ferguson Lane, Austin, TX 78754.’’.
3. On page 4968, in the ‘‘Whooping
crane’’ entry in the table, in the ‘‘Listing
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status’’ column, replace ‘‘Threatened’’
with ‘‘Endangered’’.
Jeffrey Fleming,
Acting Regional Director, Southwest Region,
U.S. Fish and Wildlife Service.
[FR Doc. 2024–03353 Filed 2–16–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Geological Survey
[GX24EE000101100]
Public Meeting of the National
Geospatial Advisory Committee
Geological Survey, Department
of the Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act of
1972 (FACA), the U.S. Geological
Survey (USGS) is publishing this notice
to announce that a Federal Advisory
Committee meeting of the National
Geospatial Advisory Committee (NGAC)
will take place and is open to members
of the public.
DATES: The meeting will be held on
Tuesday, April 2, 2024, from 9:00 a.m.
to 5:00 p.m.; Wednesday, April 3, 2024,
from 9:00 a.m. to 12:00 p.m.; and on
Thursday, April 4, 2024, from 9:00 a.m.
to 4:00 p.m. Eastern Daylight Time.
ADDRESSES: The meeting will be held in
the South Penthouse Conference Room
of the Department of the Interior
Building, located at 1849 C Street NW,
Washington, DC Members of the public
may attend the meeting in person or can
attend via webinar. Instructions for
registration to attend the meeting will be
posted at www.fgdc.gov/ngac.
Comments can be sent by email to gsfaca@usgs.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Josh Delmonico, Federal Geographic
Data Committee (FGDC), USGS, by mail
at 12201 Sunrise Valley Drive, MS 590,
Reston, VA 20192; by email at
jdelmonico@usgs.gov; or by telephone at
(703) 648–5752.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of the FACA (5 U.S.C. ch.
10), the Government in the Sunshine
Act of 1976 (5 U.S.C. 552b, as
amended), and 41 CFR part 102–3.
Purpose of the Meeting: The NGAC
provides advice and recommendations
to the FGDC related to the management
of federal and national geospatial
programs, the development of the
National Spatial Data Infrastructure
(NSDI), and the implementation of the
Geospatial Data Act of 2018 (GDA) and
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12865-12868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03312]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7092-N-20]
Privacy Act of 1974; System of Records
AGENCY: Office of Single-Family Housing, Office of Housing, HUD.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: HUD Single Family Asset Management relies on the Single-Family
Mortgage Asset Recovery Technology (SMART) System to provide various
loan servicing functions including generating payoffs and processing
payments for HUD FHA Insured Title II Secretary held loans. Pursuant to
the Privacy Act of 1974, as amended, the Department of Housing and
Urban Development (HUD), Office of Single-Family Housing, is modifying
system of records, the Single-Family Mortgage Asset Recovery Technology
(SMART) System. The modification will clarify the categories of system
location, system manager, authority for maintenance, purpose of the
system, record source categories, routine uses of records maintained in
the system, storage, retention and disposal, safeguards.
DATES: Comments will be accepted on or before March 21, 2024. 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 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-
[[Page 12866]]
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: HUD Single Family Asset Management relies on
the Single-Family Asset Recovery Technology (SMART) System to provide
various loan servicing functions including generating payoffs and
processing for HUD FHA Insured Title II forward Secretary held loans.
HUD is publishing this revised notice to update system location,
manager, purpose, categories, routine uses, storage, retention and
disposal, safeguards to mirror updated information in the sections
being modified. The revision of system records will have no unnecessary
impact on the individual's privacy and updates follow the records
collected.
1. Location--Added the new location of backup records.
2. System Manager--Identified the new system manager operating this
system of records.
3. Purpose--Expanded to include detailed loan servicing
information.
4. Record Source Categories--Updated to cover all electronic and
manual record sources for internal and external systems to HUD.
5. Routine Uses--Amended to cover routine uses that are new,
modified or removed.
a. Added Routine Use (1) to address disclosures to the National
Archives and Records Administration, Office of Government Information
Services, to review administrative agency policies, procedures in
compliance with FOIA and to facilitate the resolution of disputes
between individuals making FOIA requests and administrative agencies.
b. Added Routine Use (2) for disclosures made to congressional
office from the record of an individual, in response to an inquiry from
the congressional office completed at the request of that individual.
c. Added Routine Use (3) to cover contractors who require access to
the system in order to perform an agency function.
d. Added Routine Use (4) to address disclosures for Federal
agencies, non-Federal entities, their employees, agents (including
contractors, their agents, or employees) for detecting, preventing
improper payments, fraud, waste, and abuse in Federal programs.
e. Added Routine Use (5) for disclosures made to contractors,
grantees, experts, consultants, Federal agencies, and non-Federal
entities conducting research and statistical analysis on HUD programs.
f. Added Routine Use (6) to cover disclosures related to using new
technology including system designs to improve overall program
performance.
g. Added Routine Use (7) and (8) for disclosures made to agencies,
entities, and persons to assist HUD in responding to alleged or
confirmed breaches of system records or other Federal agencies where
HUD determines information from system records is needed to assist the
agency in responding to an alleged or confirmed breach.
h. Added Routine Use (9) to address disclosures to Federal, State,
local, tribal, or other governmental agencies or multilateral
governmental organizations in authority of investigating or prosecuting
the violations of, or for enforcing or implementing, a criminal or
civil statue, rule, regulation, order, or license.
i. Added Routine Use (10) covering disclosures related to any area
of the Department of Justice or other Federal agency overseeing
litigation or related proceedings.
j. Previously published Routine Uses (a) and (b) have been
renumbered to (11) and (12), but otherwise remain unchanged.
k. Added a note to allow for disclosures pursuant to 5 U.S.C.
552a(b)(12) to cover consumer reporting agency related disclosures on
attempts of the agency to collect claims owed on behalf of the
government.
6. Storage--Simplified the information regarding storage.
7. Retention and Disposal--Added additional disposition details.
8. Safeguards--Included more detail on updates to safeguard
procedures.
SYSTEM NAME AND NUMBER:
Single-Family Mortgage Asset Recovery Technology (SMART), HUD/HOU-
58.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Digital records are maintained at the Amazon Web Services (AWS)
Simple Technology Solutions Inc, 1775 I Street NW, Suite 1150,
Washington, DC 2006-2402. Active paper records are kept at ISN
Corporation, 2000 N Classen Blvd., Suite 3200, Oklahoma City, OK 73106.
SYSTEM MANAGER(S):
Office of Single-Family Housing, Julia Rogers, Director, National
Servicing Center, 301 NW 6th Street, Suite 200, Oklahoma City, OK
73102, Telephone Number (405) 609-8414.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Housing and Community Development Act of 1987, 42 U.S.C.
3543(a); Sec. 204, National Housing Act, 12 U.S.C. 1710(a). 42 U.S.
Code 3543.
PURPOSE(S) OF THE SYSTEM:
The Single Family Mortgage Asset Recovery Technology (SMART) System
is a specialized servicing web-application that is used to service and
track servicing activities for the Secretary Held portfolio including
235 insured, Asset Control Area Program (ACA), Emergency Home Loan
Program (EHLP), Good Neighbor Next Door Program (GNND), Hope for
Homeowners (H4H), Nehemiah Program, Partial Claim (PC), Purchase Money
Mortgage (PMM). SMART provides automated business processes to perform
comprehensive loan servicing for loan programs that are under the
jurisdiction of the National Servicing Center.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Mortgagors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, Social Security Number, Date of Birth, Email work
Address, Financial Information, Home Address, Phone Number, Spouse
Name, Lender Loan Number, FHA Case Number.
RECORD SOURCE CATEGORIES:
Records are initiated from HUD employees and their contractors.
Information is also received from Single Family Insurance System
(CLAIMS Subsystem), Asset Disposition and Management System, HUD FHA
Resource Center Customer Relationship Management System (CRM).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
(1) To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
(2) To a congressional office from the record of an individual, in
response to
[[Page 12867]]
an inquiry from the congressional office made at the request of that
individual.
(3) 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.
(4) To Federal agencies, non-Federal entities, their employees, and
agents (including contractors, their agents or employees; employees or
contractors of the agents or designated agents); or contractors, their
employees or agents with whom HUD has a contract, service agreement,
grant, cooperative agreement, or computer matching agreement for the
purpose of: (1) detection, prevention, and recovery of improper
payments; (2) detection and prevention of fraud, waste, and abuse in
major Federal programs administered by a Federal agency or non-Federal
entity; (3) detection of fraud, waste, and abuse by individuals in
their operations and programs; or (4) 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. 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, 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.
(5) 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, to otherwise support the
Department's mission, or for other research and statistical purposes
not otherwise prohibited by law or regulation. 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.
(6) To contractors, experts, and consultants with whom HUD has a
contract, service agreement, assignment, or other agreement, when
necessary, to utilize relevant data for the purpose of testing new
technology and systems designed to enhance program operations and
performance.
(7) 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, 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 to prevent, minimize, or remedy such harm.
(8) 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) 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.
(9) 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 and when such records, either
alone or in conjunction with other information, indicate a violation or
potential violation of law.
(10) 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.
(11) To the U.S. Treasury for disbursements and adjustments.
(12) To the IRS for reporting of discharge indebtedness.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic and paper records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by mortgagor name, FHA Case Number, or
property address.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with HUD records disposition schedule 2225.6,
Appendix 20. records are destroyed upon successful creation of the
final document or file, or when no longer needed for business use,
whichever is later. Backup and recovery digital media will be destroyed
or otherwise rendered irrecoverable per NIST SP 800-88 ``Guidelines for
Media Sanitization.'' GRS 5.2, Item 20, DAA-GRS2017-0003-0002.
Temporary. Destroy upon verification of successful creation of the
final document or file, or when no longer needed for business use,
whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Administrative Safeguards: When first gaining access to SMART and
annually, all users must agree to the systems ``Rules of Behavior''
which specify handling of personal information and any physical
records.
Technical Safeguards: Controls for the system include, but are not
limited to, username identification, password protection, multi-factor
authentication, firewalls, virtual private network, encryption, and is
limited to authorized users.
Physical Safeguards: Controls to secure the data and protect paper
records are maintained and locked in file cabinets. The original
collateral documents (hard copy) are stored at the contractor's office
site for all open loans and the closed documents are stored at a
secured offsite document storage facility. All hard copy files are
stored within a secured room within the contractor's secured office
suite when
[[Page 12868]]
not in use. Background screening, limited authorizations, and access,
with access limited to authorized personnel and technical restraints
employed regarding accessing the records, access to automated systems
by authorized users by username and passwords.
RECORD ACCESS PROCEDURES:
Individuals requesting records of themselves should address written
inquiries to the Department of Housing Urban and Development 451 7th
Street SW, Washington, DC 20410-0001. For verification, individuals
should provide their 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.
CONTESTING RECORD PROCEDURES:
The HUD rule for contesting the content of any record pertaining to
the individual by the individual concerned is published in 24 CFR 16.8
or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals requesting notification of records of themselves should
address written inquiries to the Department of Housing Urban
Development, 451 7th Street SW, Washington, DC 20410-0001. For
verification purposes, individuals should provide their full name,
office or organization where assigned, if applicable, and 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Docket No. FR-5386-N-05, 75 FR 34755, June 18, 2010.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2024-03312 Filed 2-16-24; 8:45 am]
BILLING CODE 4210-67-P
