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Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / Noticesmstockstill on DSK4VPTVN1PROD with NOTICESestablished by the Office of Managementand Budget (OMB) for a modifiedsystem of records report. A more detaildescriptions of the present systems arerepublished under this notice. Thisnotice supersedes the previouslypublished notices.DATES: Effective Date: All revisionsincluded in this republication arecomplete and accurate as of December14, 2012.FOR FURTHER INFORMATION CONTACT:Donna Robinson-Staton, Chief PrivacyOfficer, 451 Seventh Street SW.,Washington, DC 20410 (Attention:Capitol View Building, 4th Floor),telephone number: (202) 402–8073. [Theabove telephone number is not a tollfree numbers.] A telecommunicationsdevice for hearing- and speech-impairedpersons (TTY) is available by calling theFederal Information Relay Service’s tollfree telephone number (800) 877–8339.SUPPLEMENTARY INFORMATION:Republication To Delete and UpdatePrivacy Act Systems of RecordsSubsequent reviews for 27 systems ofrecords resulted in an update to 17systems of records and deletion of 10systems of records. Final analysisconcluded with implementing newcoding schemes for each systems ofrecords; in an effort to streamline andpresent each system of records in acoding structure that easily differentiateprogram specific systems of records.These notices were last published in theFederal Register under separatecitations. The Federal Registerpublications and citations associatedwith each notice can be viewed by goingto the Department’s Privacy Web site.1Deleted Systems—The 10 systemsdeleted by this republication, and theirexisting coding structure are listed asfollows:1. HUD/CPD–1 Rehabilitation LoansDelinquent/Default (AuthorityDelegated)2. HUD/DEPT–15 Equal OpportunityHousing Complaints (Data Migrated)3. HUD/DEPT–29 RehabilitationGrants and Loans Files (AuthorityDelegated)4. HUD/DEPT–42 Rent SubsidyProgram Files (Revoked)5. HUD/H–8 Integrated Disbursementand Information System (Revoked)6. HUD/H–14 Interstate Land SalesRegistration (Authority Delegated)7. HUD/PIH–07 Disaster InformationSystem (Data Migrated)8. HUD/OIG–3 Name Indices System(Revoked)1 http://portal.hud.gov/hudportal/HUD?src /program offices/cio/privacy/pia/fednotice/SORNs LoBVerDate Mar 15 201020:10 Feb 05, 2013Jkt 2290019. HUD/REAC–1 Tenant EligibilityVerification Files (Revoked)10. HUD/REAC–3 Quality Assurance/Quality Control Administrative Files(Revoked)Updated Systems—This followingnotices supersede the previouslypublished notices. The 17 systemsmodified by this republication and theirnew coding structure is listed asfollows:1. CFO/FY.01 HUD CentralAccounting and Program System(Previously HUD/CFO–01)2. CFO/FY.02 Audit Resolution andCorrective Action Tracking System(Previously HUD/CFO–02)3. CFO/FY.03 Line of Credit ControlSystems (Previously HUD/CFO–03)4. CFO/FY.04 Integrated AutomatedTravel System (Previously HUD/CFO–04)5. CFO/FY.05 Personal Services CostSubsystem (Previously HUD/CFO–05)6. CFO/FY.06 Financial Data Mart(Previously HUD/CFO–03)7. CPD/DGHR.01 RelocationAssistance Files (Previously HUD/CPD–44)8. FHEO/EGID.01 Title EightAutomated Paperless Office TrackingSystem (Previously HUD/FHEO–06)9. ODEEO/U.01 Equal EmploymentOpportunity Management InformationSystem (Previously ODEEO–1)10. OIG/GA.01 Independent AuditorMonitoring Files of the Office ofInspector (HUD/OIG–03)11. OIG/GAP.01 Auto Audit of theOffice of Inspector General (HUD/OIG–05)12. OIG/GFB.01 Hotline InformationSub System (Previously HUD/OIG–2)13. OIG/GIP.01 Investigative Files ofthe Office of Inspector General(Previously HUD/OIG–1)14. OIG/GIP.02 Auto Investigation andCase Management InformationSubsystem (Previously HUD/OIG–6)15. PD&R/RPT.09 HUD USER File forResearch Products, Services andPublications (Previously PD&R–9)16. REAC/PE.01 Tracking-at-a-Glance (Previously HUD/PIH–06)17. REAC/PE.02 Efforts to OutcomeCase Management Tracking Systemfor DHAP-Ike (Previously HUD/PIH–08)These systems are those maintainedby HUD that includes personallyidentifiable information provided byindividuals from which information isretrieved by a name of unique identifier.The system revisions encompass awider range of programs and services inorder to provide notification of acomprehensive view of theDepartment’s data collection andPO 00000Frm 00066Fmt 4703Sfmt 47038553management practices. Under thisrepublication, the Department proposesto update 17 Privacy Act systems ofrecords, delete 10 obsolete systems ofrecords, and implement a new codingstructure for it systems of records.This republication allows HUD toorganize and re-publish up-to-dateinformation for these systems of recordsin a more useful format. The systemmodifications and deletions incorporateFederal privacy requirements, and HUDpolicy requirements. The Privacy Actprovides certain safeguards for anindividual against and invasion ofpersonal privacy by requiring Federalagencies to protect records contained inan agency system of records fromunauthorized disclosure, ensure thatinformation is current for its intendeduse, and that adequate safeguards areprovided to prevent misuse of suchinformation. Additionally, the updatesreflect the Department’s focus onindustry best practices in protecting thepersonal privacy of the individualscovered by each system notification.This notice for each system of recordsstate the name and location of therecord system, the authority for andmanner of it operations, the categoriesof individuals that it covers, the type ofrecords that it contain, the sources ofthe information for those records, theroutines uses of each systems of records,and the system of records exemptiontypes. In addition, each notice includethe business address of the HUDofficials who will inform interestedpersons of the procedures whereby theymay gain access to and/or requestamendments to records pertaining tothem. The routine uses that apply to thispublication are reiterated based on pastpublication to clearly communicate theways in which HUD continues toconducts some of its business practices.Since the republication of system ofrecords notices does not meet thethreshold requirements for new oramended system a report was notsubmitted to the Office of Managementand Budget (OMB), the SenateCommittee on Homeland Security andGovernmental Affairs, and the HouseCommittee on Government Reform asinstructed by Paragraph 4c of Appendixl to OMB Circular No. A–130, ‘‘FederalAgencies Responsibilities forMaintaining Records AboutIndividuals,’’ July 25, 1994 (59 FR37914).Prefatory Statement of General RoutineUsesThe following routine uses apply toeach system of records notice set forthbelow under case specificcircumstances. The Privacy Act allowsE:\FR\FM\06FEN1.SGM06FEN1

mstockstill on DSK4VPTVN1PROD with NOTICES8554Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / NoticesHUD to disclose its Privacy Act recordsin the following manner to appropriateagencies, entities, and persons below tothe extent such disclosures arecompatible with the purpose for whichthe record was collected, as set forth inthe attached system of recordsnotifications, provided that no routineuse specified herein shall be construedto limit or waive any other routine useor exemption specified either herein orin the text of the individual system ofrecords notice. In addition to providingthat approval is obtained from thesystem manager, only after satisfactoryjustification has been provided to thesystem manager, records may bedisclosed as follows:1. To a recipient who has providedthe agency with advance adequatewritten assurance that the record will beused solely as a statistical research orreporting record, and the record is to betransferred in a form that is notindividually identifiable.2. To the National Archives andRecords Administration (NARA) and theGeneral Services Administration (GSA)for records having sufficient historicalor other value to warrant its continuedpreservation by the United StatesGovernment, or for inspection underauthority of Title 44, Chapter 29, of theUnited States.3. To a congressional office from therecord of an individual in response toan inquiry from the congressional officemade at the request of that individual.4. To appropriate Federal, state, localgovernment, or person pursuant to ashowing of compelling circumstancesaffecting the health or safety or vitalinterest of an individual or data subject,including assisting such agency(ies) ororganizations in preventing theexposure to or transmission of acommunicable or quarantinable diseaseor to combat other significant publichealth threats; if upon such disclosureappropriate notice is transmitted to thelast known address of such individualidentify the health threat or risk.5. To a consumer reporting agency,when trying to collect a claim of theGovernment, in accordance with 31U.S.C. 3711(e).6. To appropriate agencies, entities,and persons when: (a) HUD suspects orhas confirmed that the security orconfidentiality of information in asystem of records has beencompromised; (b) HUD has determinedthat as a result of the suspected orconfirmed compromise there is a risk ofharm to economic or property interests,identity theft or fraud, or harm to thesecurity or integrity of systems orprograms (whether maintained by HUDor another agency or entity) that relyVerDate Mar 15 201020:10 Feb 05, 2013Jkt 229001upon the compromised information; andc) the disclosure made to such agencies,entities, and persons is reasonablynecessary to assist in connection withHUD’s efforts to respond to thesuspected or confirmed compromiseand prevent, minimize, or remedy suchharm for purposes of facilitatingresponses and remediation efforts in theevent of a data breach.Case Specific Actions, In addition tothe disclosures permitted undersubsection (b) of the Privacy Act, HUDmay disclose information contained inthis system of records without theconsent of the subject individual if thedisclosure is compatible with thepurpose for which the record wascollected under the following routineuses provided that approval is obtainedfrom the system manager only aftersatisfactory justification has beenprovided to the system manager: HUDmay disclosure records compatible toone of its system of records noticesduring case specific circumstances,when appropriate, as follows:7. To appropriate Federal, state, local,tribal, or governmental agencies ormultilateral governmental organizationsresponsible for investigating orprosecuting the violations of, or forenforcing or implementing, a statute,rule, regulation, order, or license, whereHUD determines that the informationwould assist in the enforcement of civilor criminal laws.8. To third parties during the courseof a law enforcement investigation tothe extent necessary to obtaininformation pertinent to theinvestigation, provided disclosure isappropriate to the proper performanceof the official duties of the officermaking the disclosure.9. To a court, magistrate, oradministrative tribunal in the course ofpresenting evidence, includingdisclosures to opposing counsel orwitnesses in the course of civildiscovery, litigation, or settlementnegotiations or in connection withcriminal law proceedings or in responseto a subpoena or to a prosecutionrequest when such records to bereleased are specifically approved by acourt provided order.10. To appropriate Federal, state,local, tribal, or governmental agencies ormultilateral governmental organizationsresponsible for investigating orprosecuting the violations of, or forenforcing or implementing, a statute,rule, regulation, order, or license, whereHUD determines that the informationwould assist in the enforcement of civilor criminal laws.11. To third parties during the courseof a law enforcement investigation toPO 00000Frm 00067Fmt 4703Sfmt 4703the extent necessary to obtaininformation pertinent to theinvestigation, provided disclosure isappropriate to the proper performanceof the official duties of the officermaking the disclosure.12. To the Department of Justice (DOJ)when seeking legal advice for a HUDinitiative or in response to DOJ’s requestfor the information, after either HUD orDOJ determine that such information isrelevant to DOJ’s representatives of theUnited States or any other componentsin legal proceedings before a court oradjudicative body, provided that, ineach case, the agency also determinesprior to disclosure that disclosure of therecords to the DOJ is a use of theinformation contained in the recordsthat is compatible with the purpose forwhich HUD collected the records. HUDon its own may disclose records in thissystem of records in legal proceedingbefore a court or administrative bodyafter determining that the disclosure ofthe records to the court ofadministrative body is a use of theinformation contained in the recordsthat is compatible with the purpose forwhich HUD collected the records.13. To another agency or to aninstrumentality of any governmentaljurisdiction within or under the controlof the United States for a civil orcriminal law enforcement activity if theactivity is authorized by law, and if thehead of the agency or instrumentalityhas made a written request to the agencywhich maintains the record specifyingthe particular portion desired and thelaw enforcement activity for which therecord is sought.14. To contractors, grantees, experts,consultants, Federal agencies, and nonFederal entities including but notlimited to state and local governments,with whom HUD has a contract, serviceagreement, grant, cooperative agreementwith the Department of Housing andUrban Development for statisticalanalysis to advance the goals of thenation’s federal strategic plan to preventand end veterans homelessness. Therecords may not be used to makedecisions concerning the rights,benefits, or privileges of specificindividuals, or providers of serviceswith respect to homeless veteran’sefforts.15. To HUD-paid experts orconsultants, and those under contractwith HUD on a ‘‘need-to-know’’ basisfor a purpose within the scope of thepertinent HUD task related to thesesystems of records. This access will begranted to an HUD-paid expert, orconsultants of contractor and theiremployees by a system manager onlyafter satisfactory justification has beenE:\FR\FM\06FEN1.SGM06FEN1

mstockstill on DSK4VPTVN1PROD with NOTICESFederal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / Noticesprovided to the system manager. Accessshall be restricted and limited to onlythose data elements and disclosuresconsidered relevant to accomplishing anagency function.16. To other Federal agencies or nonFederal entities with whom HUD has anapproved computer matching effort,limited to only those data elementsconsidered relevant to determineeligibility under a particular benefitprograms administered by thoseagencies or entities or by HUD or anycomponent thereof, to improve programintegrity, and to collect debts and othermonies owed under those programs.17. To contractors, experts,consultants with whom HUD has acontract, service agreement or otherassignment of the Department, whennecessary to utilize relevant data forpurposes of testing new technology andsystems designed to enhance programoperations and performance.18. To contractors, grantees, experts,consultants, Federal agencies, and nonFederal entities including but notlimited to state and local governments,and other research institutions or theirparties entities and their agents withwhom HUD has a contract, serviceagreement, grant, cooperative agreementwith HUD, when necessary toaccomplish an agency function relatedto a system of records for the purposesof statistical analysis and research insupport of program operations,management, performance monitoring,evaluation, risk management, and policydevelopment, or to otherwise supportthe Department’s mission. Recordsunder this routine use may not be usedin whole or in part to make decisionsthat affect the rights, benefits orprivileges of specific individuals. Theresults of the matched information maynot be disclosed in identifiable form.19. To other Federal agencies or nonFederal entities, including but notlimited to state and local governmententities with whom HUD has a contract,service agreement, grant, cooperativeagreement, or computer matchingagreement to assist such agencies withpreventing and detecting improperpayments, or fraud, or abuse in majorprograms administered by the Federalgovernment, or abuse by individuals intheir operations and programs, but onlyto the extent that the information isnecessary and relevant to preventingimproper payments for servicesrendered under a particular Federal ornon-federal benefits programs of HUD orany of their components to verify preaward and pre-payment requirementsprior to the release of Federal Funds.VerDate Mar 15 201020:10 Feb 05, 2013Jkt 229001Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42U.S.C. 3535(d).Dated: January 25, 2013.Kevin R. Cooke,Deputy Chief Information Officer.The Department republishes thefollowing systems of records updates.SYSTEM OF RECORDS NO:CFO/FY.01SYSTEM NAME:HUD Central Accounting and ProgramSystem (HUDCAPS, A75).SYSTEM LOCATION:HUD Headquarters, Washington, DC20410 and Hewlett-Packard Data Center,South Charleston, WV 25303.CATEGORIES OF INDIVIDUALS COVERED BY THESYSTEM:Grant, subsidy, project, and loanrecipients; HUD personnel; vendors;brokers; bidders; managers; individualswithin Disaster Assistance Programs:Builders, developers, contractors, andappraisers; subjects of audits.CATEGORIES OF RECORDS IN THE SYSTEM:The system contains the followingemployee/vendor (non-employee)information: Name, social securitynumber, address, and financial data.Also included are funds control records,accounts receivable records, purchaseorder and contract records, travelrecords including orders, vouchers, andadvances, payment voucher records,deposit and receipt records,disbursement and cancelled checkrecords, and financial records.AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Sec. 113 of the Budget andAccounting Act of 1950 31 U.S.C. 66a.(Pub. L. 81–784); Chief FinancialOfficers Act of 1990; Federal FinancialManagement Improvement Act of 1996;Housing and Community DevelopmentAct of 1987, 42 U.S.C. 3543 authorizesHUD to collect the SSN.PURPOSE(S):These records are an integral part ofHUDCAPS, which provides anintegrated general ledger and coreaccounting for the Department’s grant,subsidy, and loan programs. The generalledger posts and maintains accountbalances for all financial transactionsrecorded in the subsidiary systems.HUDCAPS performs core accountingfunctions, which includes but is notlimited to keeping track of all paymentsto individuals, supporting anddocumenting expenses incurred in thePO 00000Frm 00068Fmt 4703Sfmt 47038555performance of official agency duties,accounting for goods and servicesreceived, accounting for funds paid andreceived, and processing travelauthorizations and claims.ROUTINE USES OF RECORDS MAINTAINED IN THESYSTEM, INCLUDING CATEGORIES OF USERS ANDTHE PURPOSES OF SUCH USES:In addition to those disclosuresgenerally permitted under 5 U.S.C.552a(b) of the Privacy Act, HUD maydisclose information contained in thissystem of records without the consent ofthe subject individual if the disclosureis compatible with the purpose forwhich the record was collected underthe following routine uses:1. To U.S. Treasury—for transactionssuch as disbursements of funds andrelated adjustments;2. To Internal Revenue Service—forreporting payments for goods andservices and for reporting of dischargeindebtedness;3. To any other Federal agencyincluding, but not limited to the InternalRevenue Service (IRS) pursuant to 31U.S.C. 3720A, for the purpose ofeffecting an administrative offset againstthe debtor for a delinquent debt owed tothe U.S. Government by the debtor;4. To Federal Agencies—for thepurpose of debt collection to complywith statutory reporting requirements;5. To the General ServiceAdministration’s Federal ProcurementData System, a central repository forstatistical information on Governmentcontracting, for purposes of providingpublic access to Government-wide dataabout agency contract actions;6. To consumer reporting agencies:Disclosures pursuant to 5 U.S.C.552a(b)(12). Disclosures may be madefrom the system to consumer reportingagencies as defined in the Fair CreditReporting Act (15 U.S.C. 1681a(f) or theFederal Claims Collection Act of 1966,31 U.S.C. 3701(a)(3)). The disclosure islimited to information necessary toestablish the identity of the individual,including name, social security number,and address; the amount, status, andhistory of the claim, and the agency orprogram under which the claim arosefor the sole purpose of allowing theconsumer reporting agency to prepare acredit report.POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM:STORAGE:Electronic files are stored on magnetictape/disc/drum. There are no paperrecords that are maintained for thissystem.E:\FR\FM\06FEN1.SGM06FEN1

8556Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / NoticesRETRIEVABILITY:Records are retrieved by name, socialsecurity number, schedule number,receipt number, voucher number, andcontract number.SAFEGUARDS EMPLOYED:All HUD employees have undergonebackground investigations. HUDbuildings are guarded and monitored bysecurity personnel, cameras, ID checks,and other physical security measures.Access is restricted to authorizedpersonnel or contractors whoseresponsibilities require access. Systemusers must take the mandatory securityawareness training annually asmandated by the Federal InformationSecurity Management Act (FISMA).Users must also sign a Rules of Behaviorform certifying that they agree tocomply with the requirements beforethey are granted access to the system.RETENTION AND DISPOSAL:The electronic records are maintainedindefinitely and destroyed inaccordance with schedule 20 of theNational Archives and RecordsAdministration General RecordsSchedule as specified in HUDHandbook 2225.6 Records DispositionSchedule Appendix 14, HUD Handbook2228.1 Records Disposition ScheduleManagement Chapter 9, and HUDHandbook 2228.2 General Records.SYSTEM MANAGER(S) AND ADDRESS:Assistant Chief Financial Officer forSystems, Office of the Chief FinancialOfficer, Department of Housing andUrban Development, 451 Seventh StreetSW., Room 3100, Washington, DC20410.mstockstill on DSK4VPTVN1PROD with NOTICESNOTIFICATION AND RECORD ACCESSPROCEDURES:For information, assistance, or inquiryabout the existence of records, contactthe Privacy Act Officer, Department ofHousing and Urban Development, 451Seventh Street, SW., Room 4178,Washington, DC 20410. (Attention:Capitol View Building, 4th Floor).Provide verification of your identity byproviding two proofs of officialidentification. Your verification ofidentity must include your originalsignature and must be notarized. TheDepartment’s rules for providing accessto records to the individual concernedappear in 24 CFR part 16.CONTESTING RECORD PROCEDURES:The procedures for requestingamendment or correction of recordsappear

4 HUD Handbook 4.155.2, (Lender's Guide to the Single Family Mortgage Insurance Process) at Chapter 7, pertaining to Mortgage Insurance Premiums, notes that in most of the FHA mortgage . (HUD/OIG-03) 11. OIG/GAP.01 Auto Audit of the Office of Inspector General (HUD/ OIG-05) 12. OIG/GFB.01 Hotline Information