80 FR 81837 - Privacy Act of 1974; Systems of Records-Republication of HUD's Routine Use Inventory Notice

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 80, Issue 251 (December 31, 2015)

Page Range		81837-81840
FR Document		2015-32964
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is hereby given that the Department of Housing and Urban Development proposes to update and combine into one notice its Routine Use Inventory notice published in the Federal Register on July 17, 2012 at 72 FR 52572. The subsequent revisions will: (1) Implement substantive revisions for ``two'' of the original routine use statements, to provide greater clarity of what is to be expected by the disclosure requirements; (2) encompass editorial updates to the original formatted routine use statements to ensure that these statements are up-to-date and constructed in a format that is easier to understand and use; and (3) assign a specific ``category'' to each routine use condition to allow each condition to be sorted and referenced by a specific heading relevant to its disclosure purpose. This notice proposal supersedes and retires the Department's Routine Use Inventory published in the Federal Register on July 17, 2012, and supplements prior instances translated by former systems of records.
Federal Register, Volume 80 Issue 251 (Thursday, December 31, 2015)
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Notices]
[Pages 81837-81840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32964]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5843-N-11]


Privacy Act of 1974; Systems of Records--Republication of HUD's 
Routine Use Inventory Notice

AGENCY: Office of Administration, HUD.

ACTION: Routine Use Inventory republication.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
hereby given that the Department of Housing and Urban Development 
proposes to update and combine into one notice its Routine Use 
Inventory notice published in the Federal Register on July 17, 2012 at 
72 FR 52572. The subsequent revisions will: (1) Implement substantive 
revisions for ``two'' of the original routine use statements, to 
provide greater clarity of what is to be expected by the disclosure 
requirements; (2) encompass editorial updates to the original formatted 
routine use statements to ensure that these statements are up-to-date 
and constructed in a format that is easier to understand and use; and 
(3) assign a specific ``category'' to each routine use condition to 
allow each condition to be sorted and referenced by a specific heading 
relevant to its disclosure purpose. This notice proposal supersedes and 
retires the Department's Routine Use Inventory published in the Federal 
Register on July 17, 2012, and supplements prior instances translated 
by former systems of records.

DATES: Effective date: The substantive changes being made to this 
proposal shall become effective February 1, 2016, unless comments are 
received on or before that date that would result in a contrary 
determination.
    All other changes shall be effective immediately without further 
notice, upon publication of this notice in the Federal Register.
    Comments Due Date: February 1, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
the amended routine use statements or notice update to the Rules Docket 
Clerk, Office of General Counsel, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 10276, Washington, DC 20410-
0500. Communications should refer to the above docket number and title. 
Faxed comments are not acceptable. A copy of each communication 
submitted will be available for public inspection and copying between 8 
a.m. and 5 p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Frieda B. Edwards, Acting Chief 
Privacy Officer, 451 Seventh Street SW., Room 10139, Washington, DC 
20410, telephone number 202-402-4254 (this is not a toll-free number). 
Individuals who are hearing- and speech-impaired may access this number 
via TTY by calling the Federal Relay Service telephone number at 800-
877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: The Department's Routine Use Inventory 
describes disclosure requirements commonly used by more than one of the 
Department's systems of records. This amendment modifies routine uses 
(10) and (14), under the original notice. Routine use (10) stated that 
records could be disclosed ``To other Federal agencies or non-Federal 
entities, including but not limited to, state and local government 
entities with whom HUD has a contract, service agreement, grant, 
cooperative agreement, or computer matching agreement to assist such 
agencies with preventing and detecting improper payments, or fraud, or 
abuse in major programs administered by the Federal Government, or 
abuse by individuals in their operations and programs, but only to the 
extent that the information is necessary and relevant to preventing 
improper payments for services rendered under a particular Federal or 
non-federal benefits programs of HUD or any of their components to 
verify pre-award and pre-payment requirements prior to the release of 
Federal funds.'' Routine use (14) stated that records could be 
disclosed ``To a court, magistrate, administrative tribunal 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 or in response to a subpoena or to a prosecution 
request when such records to be released are specifically approved by a 
court provided order.'' Subsequently, these routine use conditions 
precisely specified that records could only be disclosed for purposes 
relevant to a HUD specific program, or to a specific set of individuals 
or entities, limiting the Department's ability to respond to and share 
its records as warranted. Accordingly, this notice corrects these 
misrepresentations and amends the routine use conditions under the 
original publication. The amended routine use conditions appear under 
this revised notice proposal at heading (6) entitled ``Prevention of 
Fraud, Waste, and Abuse Disclosure Routine Use'' and heading (11) 
entitled, ``Disclosures for Law Enforcement Investigations Routine 
Uses.'' Further, the Department implements minor editorial changes to 
simplify and implement administrative changes needed to keep published 
information in an up-to-date format that is easier to understand and 
use.
    Title 5 U.S.C. 552a, as amended (e)(r) and (11) requires that the 
public be afforded a 30-day period in which to comment on any use of 
information by this notice and requires published notice of the 
existence and characters of the systems of records impacted by this 
change. The new system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act, was submitted to the United States Senate Committee on 
Homeland Security and Governmental Affairs, the House Committee on 
Oversight and Government Reform of the House of Representatives, and 
the Office of Management and Budget (OMB) pursuant to paragraph 4c of 
Appendix I to OMB Circular No. A-130, Federal Agency Responsibilities 
for Maintaining Records about Individuals, dated June 25, 1993 (58 FR 
36075, July 2, 1993). The Department permits disclosure(s) from its 
systems of records to be made from its systems of records to such 
agencies, entities, and persons in the following instances, when 
authorized by statute, to assist in

[[Page 81838]]

connection with its mission. The existence and characters of the HUD's 
Privacy Act systems of records are available for review on the 
Department's privacy Web site at http://www.hud.gov/offices/cio/privacy/pia/fednotice.cfm and are listed below by title.

HUD Systems of Records, by Title, That Contain Personally Identifiable 
Information (PII)

 Government National Mortgage Association Registry of 
Foreclosure Attorneys
 Mortgage-Backed Securities Unclaimed Funds System
 Master Subservicer System
 Enterprise-Wide Operational Data Store
 HUD Central Accounting and Program System
 Personal Services Cost Reporting Subsystem
 Financial Data Mart
 Line of Credit Control System
 moveLINQS
 Home Equity Reverse Mortgage Information Technology
 HUD Integrated Acquisition Management System
 Equal Employment Management Information System
 Relocation Files
 Office of General Counsel Electronic Discovery Management 
System
 HUD Enforcement Management System
 Property Improvement and Manufactured [Mobile] Home Loan-
Default
 Real Estate Management/Integrated Real Estate Management 
System
 Single Family Construction Complaints Files
 Architects and Engineers
 Property Disposition Files
 Consumer Complaint Handling System
 Telephone Numbers of HUD Officials
 Claims Collection Records
 Housing Compliance Files
 Single Family Computerized Homes Underwriting Management 
System
 Single Family Section 518 Files [Constructed complaints]
 Tenant Housing Assistance and Contract Verification Data
 Property Management Records
 Congregate Housing Services Program Data Files
 Single Family Insurance System
 Application Submission and Processing System
 Single Family Acquired Asset Management System
 Single Family Neighborhood Watch Early Warning System
 Identity Management System
 Asset Disposition and Management System
 Lender Electronic Assessment Portal (LEAP)
 Single Family Housing Enterprise Data Warehouse
 Fee Inspectors and Appraisers and Mortgage Credit Examiners
 Loan Application Management System
 OIG Giglio Information Files
 Independent Auditor Monitoring Files
 Auto Audit
 Hotline Information Subsystem
 Investigative Files Subsystem
 Training Information System (TRAI)
 Personnel Travel System
 Auto Investigation and Case Management Information Subsystem
 Accidents, Employees and/or Government Vehicles
 Veterans Homelessness Preventive Demonstration Evaluation Data 
Files System
 Real Estate Settlement Cost Research Files
 Section 8 Program Research Data Files
 Housing Counseling Research Data Files
 Training Announcement, Nomination, and Confirmation System
 Personal Security Files
 Grievance Records
 Pay and Leave Records of Employees
 Previous Participation Review System and Active Partners 
Performance System Previous Participation Files
 Single Family Insurance CLAIMS Subsystem
 Single Family Mortgage Notes Recovery Technology System
 Housing Counseling System/Client Activity Reporting System
 Debt Collection Asset Management
 Distributive Shares and Refund System
 Ideas Program Case Files
 Intergovernmental Personnel Act Assignment Records
 Single Family Mortgage Notes Recovery Technology System
 Nonprofit Data Management System (NPDMS)
 Grants Interface Management System
 Development Application Processing System
 Single Family Default Monitoring System
 Pay and Leave Records of Employees
 Relocation Assistance Files
 Parking Permit Application Files
 Telephone Numbers of HUD Officials
 Computerized Homes Underwriting Management System
 Employee Counseling and Occupational Health Records
 HUD Government Motor Vehicle Operators Records
 HUD Employee Locator Files
 Government Property on Personal Charge Files
 Executive Emergency Cascade Alerting System
 Priority Consideration/Special Reassignment Files
 Long Distance Telephone Call Detail System
 Security Clearance Information System
 Correspondence Tracking System

    Accordingly, the Department's Routine Use Inventory includes 
routine use statements implemented at the Department level for 
instances that may be utilized by more than one of the Department's 
systems of records referenced in the aforementioned list. In addition, 
the text of many of these routine uses model best practices that have 
already been adopted by several agencies, including the Department of 
Justice.
    In addition to the disclosures generally permitted under 5 U.S.C. 
552a(b), and the routine uses specifically described in each system of 
records notice, information in the systems of records maintained by the 
Department may be disclosed pursuant to 5 U.S.C. 552a(b)(3) as 
described below under Appendix I, provided that no routine use 
specified herein shall be construed to limit or waive any other routine 
use or exemption specified in the text of the individual system of 
records notice.
    Further, pursuant to 5 U.S.C. 552a(k)(2), records in the systems of 
records, referenced by the above titles, and any others that reflect 
records designated as exempt from the requirements of subsections 
(c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and/or (f) of 5 U.S.C. 
552a under a promulgated rule, or those that are restricted from 
release by statutory or regulatory requirements, are prohibited from 
disclosure (which shall apply only if those exemptions have been 
established in the records system notice for the particular system).

    Authority: 5 U.S.C. 552a.

    Dated: December 15, 2015.
Patricia A. Hoban-Moore,
Senior Agency Official for Privacy.

Appendix I--Notice No.: ADMIN/AHFDC.01

HUD's Routine Use Inventory Notice

    Identifies authorized disclosures applicable to one or more of 
the Department's Privacy Act system of records notices. The Privacy 
Act allows HUD to disclose records from its systems of records, from 
the following headings (1)-(13), to appropriate agencies, entities, 
and persons, when the records being disclosed are compatible with 
the purpose for which the system was developed. The routine use 
statements specified in this notice shall not be used to construe, 
limit, or waive any other routine

[[Page 81839]]

use condition or exemption specified in the text of an individual 
system of records, and may overlap in some cases. The routine use 
statements and their conditions for disclosure are categorized 
below.
    (1) General Service Administration Information Disclosure 
Routine Use:
    To the National Archives and Records Administration (NARA) and 
the General Services Administration (GSA) for records having 
sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for inspection 
under authority of Title 44, Chapter 29, of the United States Code.
    (2) Congressional Inquiries Disclosure Routine Use:
    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.
    (3) Health and Safety Prevention Disclosure Routine Use:
    To appropriate Federal, State, and local governments, or 
persons, pursuant to a showing of compelling circumstances affecting 
the health or safety or vital interest of an individual or data 
subject, including assisting such agencies or organizations in 
preventing the exposure to or transmission of a communicable or 
quarantinable disease, or to combat other significant public health 
threats, if upon such disclosure appropriate notice was transmitted 
to the last known address of such individual to identify the health 
threat or risk.
    (4) Consumer Reporting Agency Disclosure Routine Use:
    To a consumer reporting agency, when trying to collect a claim 
owed on behalf of the Government, in accordance with 31 U.S.C. 
3711(e).
    (5) Computer Matching Program Disclosure Routine Use:
    To Federal, State, and local agencies, their employees, and 
agents for the purpose of conducting computer matching programs as 
regulated by the Privacy Act of 1974, as amended (5 U.S.C. 552a).
    (6) Prevention of Fraud, Waste, and Abuse Disclosure Routine 
Use:
    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, 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, 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.
    (7) Research and Statistical Analysis Disclosure Routine Uses:
    (a) To contractors, grantees, experts, consultants, Federal 
agencies, and non-Federal entities, including, but not limited to, 
State and local governments and other research institutions or their 
parties, and entities and their agents with whom HUD has a contract, 
service agreement, grant, or cooperative agreement, when necessary 
to accomplish an agency function, related to a system of records, 
for the purposes of statistical analysis and research in support of 
program operations, management, performance monitoring, evaluation, 
risk management, and policy development, or to otherwise support the 
Department's mission. Records under this routine use may not be used 
in whole or in part to make decisions that affect the rights, 
benefits, or privileges of specific individuals. The results of the 
matched information may not be disclosed in identifiable form.
    (b) To a recipient who has provided the agency with advance, 
adequate written assurance that the record provided from the system 
of records will be used solely for statistical research or reporting 
purposes. Records under this condition will be disclosed or 
transferred in a form that does not identify an individual.
    (8) Information Sharing Environment Disclosure Routine Uses:
    To contractors, grantees, experts, consultants and their agents, 
or others performing or working under a contract, service, grant, or 
cooperative agreement with HUD, when necessary to accomplish an 
agency function related to a system of records. Disclosure 
requirements are limited to only those data elements considered 
relevant to accomplishing an agency function. Individuals provided 
information under these routine use conditions are subject to 
Privacy Act requirements and disclosure limitations imposed on the 
Department.
    (9) Data Testing for Technology Implementation Disclosure 
Routine Use:
    To contractors, experts and consultants with whom HUD has a 
contract, service agreement, or other assignment of the Department, 
when necessary to utilize relevant data for the purpose of testing 
new technology and systems designed to enhance program operations 
and performance.
    (10) Data Breach Remediation Purposes Routine Use:
    To appropriate agencies, entities, and persons when:
    (a) HUD suspects or has confirmed that the security or 
confidentiality of information in a system of records has been 
compromised;
    (b) HUD has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft, or fraud, or harm to the security or 
integrity of systems or programs (whether maintained by HUD or 
another agency or entity) that rely upon the compromised 
information; and
    (c) 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 compromise and prevent, 
minimize, or remedy such harm for purposes of facilitating responses 
and remediation efforts in the event of a data breach.
    When appropriate, HUD may disclose records compatible to one of 
its system of records notices during case specific circumstances, as 
follows: information relating to, but not in and of itself 
constituting, law enforcement information, as defined below, may 
only be disclosed upon a showing by the requester that the 
information is pertinent to the conduct of investigation.
    (11) Disclosures for Law Enforcement Investigations Routine 
Uses:
    (a) To appropriate Federal, State, local, tribal, or 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or 
for enforcing or implementing, a statute, rule, regulation, order, 
or license, where HUD determines that the information would assist 
in the enforcement of civil or criminal laws.
    (b) To third parties during the course of a law enforcement 
investigation, to the extent necessary to obtain information 
pertinent to the investigation, provided the disclosure of such 
information is appropriate to the proper performance of the official 
duties of the officer making the disclosure.
    (12) Court or Law Enforcement Proceedings Disclosure Routine 
Uses:
    (a) 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; or in response to a 
subpoena or to a prosecution request when such records to be 
released are specifically approved by a court provided order.
    (b) To appropriate Federal, State, local, tribal, or 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or 
for enforcing or implementing, a statute, rule, regulation, order, 
or license, where HUD determines that the information would assist 
in the enforcement of civil or criminal laws.
    (c) To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information 
pertinent to the investigation, provided disclosure is appropriate 
to the proper performance of the official duties of the officer 
making the disclosure.
    (d) To another agency or to an instrumentality of any 
governmental jurisdiction within or under the control of the United 
States for a civil or criminal law enforcement activity if the 
activity is authorized by law, and if the head of the agency or 
instrumentality has made a written request to the agency that 
maintains the record, specifying the particular portion desired and 
the law enforcement activity for which the record is sought.
    (13) Department of Justice for Litigation Disclosure Routine 
Use:
    To the Department of Justice (DOJ) when seeking legal advice for 
a HUD initiative or in response to DOJ's request for the

[[Page 81840]]

information, after either HUD or DOJ determine that such information 
is relevant to DOJ's representatives of the United States or any 
other components in legal proceedings before a court or adjudicative 
body, provided that, in each case, the agency also determines prior 
to disclosure that disclosure of the records to DOJ is a use of the 
information contained in the records that is compatible with the 
purpose for which HUD collected the records. HUD on its own may 
disclose records in this system of records in legal proceedings 
before a court or administrative body after determining that the 
disclosure of the records to the court or administrative body is a 
use of the information contained in the records that is compatible 
with the purpose for which HUD collected the records.

[FR Doc. 2015-32964 Filed 12-30-15; 8:45 am]
BILLING CODE 4210-67-P
81838 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices

connection with its mission. The • Lender Electronic Assessment Portal • Executive Emergency Cascade
existence and characters of the HUD’s (LEAP) Alerting System
Privacy Act systems of records are • Single Family Housing Enterprise • Priority Consideration/Special
available for review on the Department’s Data Warehouse Reassignment Files
privacy Web site at http://www.hud.gov/ • Fee Inspectors and Appraisers and • Long Distance Telephone Call Detail
offices/cio/privacy/pia/fednotice.cfm Mortgage Credit Examiners System
and are listed below by title. • Loan Application Management • Security Clearance Information
System System
HUD Systems of Records, by Title, That • OIG Giglio Information Files • Correspondence Tracking System
Contain Personally Identifiable • Independent Auditor Monitoring Files Accordingly, the Department’s
Information (PII) • Auto Audit Routine Use Inventory includes routine
• Government National Mortgage • Hotline Information Subsystem use statements implemented at the
Association Registry of Foreclosure • Investigative Files Subsystem Department level for instances that may
Attorneys • Training Information System (TRAI) be utilized by more than one of the
• Mortgage-Backed Securities • Personnel Travel System Department’s systems of records
Unclaimed Funds System • Auto Investigation and Case referenced in the aforementioned list. In
• Master Subservicer System Management Information Subsystem addition, the text of many of these
• Enterprise-Wide Operational Data • Accidents, Employees and/or routine uses model best practices that
Store Government Vehicles have already been adopted by several
• HUD Central Accounting and Program • Veterans Homelessness Preventive agencies, including the Department of
System Demonstration Evaluation Data Files Justice.
• Personal Services Cost Reporting System In addition to the disclosures
Subsystem • Real Estate Settlement Cost Research generally permitted under 5 U.S.C.
• Financial Data Mart Files 552a(b), and the routine uses
• Line of Credit Control System • Section 8 Program Research Data Files specifically described in each system of
• moveLINQS • Housing Counseling Research Data
records notice, information in the
• Home Equity Reverse Mortgage Files
systems of records maintained by the
Information Technology • Training Announcement,
Department may be disclosed pursuant
• HUD Integrated Acquisition Nomination, and Confirmation
to 5 U.S.C. 552a(b)(3) as described
Management System System
• Personal Security Files below under Appendix I, provided that
• Equal Employment Management no routine use specified herein shall be
Information System • Grievance Records
• Pay and Leave Records of Employees construed to limit or waive any other
• Relocation Files
• Previous Participation Review System routine use or exemption specified in
• Office of General Counsel Electronic
and Active Partners Performance the text of the individual system of
Discovery Management System
• HUD Enforcement Management System Previous Participation Files records notice.
• Single Family Insurance CLAIMS Further, pursuant to 5 U.S.C.
System
• Property Improvement and Subsystem 552a(k)(2), records in the systems of
Manufactured [Mobile] Home Loan- • Single Family Mortgage Notes records, referenced by the above titles,
Default Recovery Technology System and any others that reflect records
• Real Estate Management/Integrated • Housing Counseling System/Client designated as exempt from the
Real Estate Management System Activity Reporting System requirements of subsections (c)(3); (d);
• Single Family Construction • Debt Collection Asset Management (e)(1); (e)(4)(G), (H), and (I); and/or (f) of
Complaints Files • Distributive Shares and Refund 5 U.S.C. 552a under a promulgated rule,
• Architects and Engineers System or those that are restricted from release
• Property Disposition Files • Ideas Program Case Files by statutory or regulatory requirements,
• Consumer Complaint Handling • Intergovernmental Personnel Act are prohibited from disclosure (which
System Assignment Records shall apply only if those exemptions
• Telephone Numbers of HUD Officials • Single Family Mortgage Notes have been established in the records
• Claims Collection Records Recovery Technology System system notice for the particular system).
• Housing Compliance Files • Nonprofit Data Management System Authority: 5 U.S.C. 552a.
• Single Family Computerized Homes (NPDMS)
Dated: December 15, 2015.
Underwriting Management System • Grants Interface Management System
• Single Family Section 518 Files • Development Application Processing Patricia A. Hoban-Moore,
[Constructed complaints] System Senior Agency Official for Privacy.
• Tenant Housing Assistance and • Single Family Default Monitoring Appendix I—Notice No.: ADMIN/
Contract Verification Data System AHFDC.01
• Property Management Records • Pay and Leave Records of Employees
• Congregate Housing Services Program • Relocation Assistance Files HUD’s Routine Use Inventory Notice
Data Files • Parking Permit Application Files Identifies authorized disclosures
• Single Family Insurance System • Telephone Numbers of HUD Officials applicable to one or more of the Department’s
• Application Submission and • Computerized Homes Underwriting Privacy Act system of records notices. The
Processing System Management System Privacy Act allows HUD to disclose records
tkelley on DSK3SPTVN1PROD with NOTICES

• Single Family Acquired Asset • Employee Counseling and from its systems of records, from the
following headings (1)¥(13), to appropriate
Management System Occupational Health Records agencies, entities, and persons, when the
• Single Family Neighborhood Watch • HUD Government Motor Vehicle records being disclosed are compatible with
Early Warning System Operators Records the purpose for which the system was
• Identity Management System • HUD Employee Locator Files developed. The routine use statements
• Asset Disposition and Management • Government Property on Personal specified in this notice shall not be used to
System Charge Files construe, limit, or waive any other routine

VerDate Sep<11>2014 16:49 Dec 30, 2015 Jkt 238001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\31DEN1.SGM 31DEN1
Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices 81839

use condition or exemption specified in the (7) Research and Statistical Analysis remedy such harm for purposes of facilitating
text of an individual system of records, and Disclosure Routine Uses: responses and remediation efforts in the
may overlap in some cases. The routine use (a) To contractors, grantees, experts, event of a data breach.
statements and their conditions for consultants, Federal agencies, and non- When appropriate, HUD may disclose
disclosure are categorized below. Federal entities, including, but not limited to, records compatible to one of its system of
(1) General Service Administration State and local governments and other records notices during case specific
Information Disclosure Routine Use: research institutions or their parties, and circumstances, as follows: information
To the National Archives and Records entities and their agents with whom HUD has relating to, but not in and of itself
Administration (NARA) and the General a contract, service agreement, grant, or constituting, law enforcement information, as
Services Administration (GSA) for records cooperative agreement, when necessary to defined below, may only be disclosed upon
having sufficient historical or other value to accomplish an agency function, related to a a showing by the requester that the
warrant its continued preservation by the system of records, for the purposes of information is pertinent to the conduct of
United States Government, or for inspection statistical analysis and research in support of investigation.
under authority of Title 44, Chapter 29, of the program operations, management, (11) Disclosures for Law Enforcement
United States Code. performance monitoring, evaluation, risk Investigations Routine Uses:
(2) Congressional Inquiries Disclosure management, and policy development, or to (a) To appropriate Federal, State, local,
Routine Use: otherwise support the Department’s mission. tribal, or governmental agencies or
To a congressional office from the record Records under this routine use may not be multilateral governmental organizations
of an individual, in response to an inquiry used in whole or in part to make decisions responsible for investigating or prosecuting
from the congressional office made at the that affect the rights, benefits, or privileges of the violations of, or for enforcing or
request of that individual. specific individuals. The results of the implementing, a statute, rule, regulation,
(3) Health and Safety Prevention matched information may not be disclosed in order, or license, where HUD determines that
Disclosure Routine Use: identifiable form. the information would assist in the
To appropriate Federal, State, and local (b) To a recipient who has provided the enforcement of civil or criminal laws.
governments, or persons, pursuant to a agency with advance, adequate written (b) To third parties during the course of a
showing of compelling circumstances assurance that the record provided from the law enforcement investigation, to the extent
affecting the health or safety or vital interest system of records will be used solely for necessary to obtain information pertinent to
of an individual or data subject, including statistical research or reporting purposes. the investigation, provided the disclosure of
assisting such agencies or organizations in Records under this condition will be such information is appropriate to the proper
preventing the exposure to or transmission of disclosed or transferred in a form that does performance of the official duties of the
a communicable or quarantinable disease, or not identify an individual. officer making the disclosure.
to combat other significant public health (8) Information Sharing Environment (12) Court or Law Enforcement Proceedings
threats, if upon such disclosure appropriate Disclosure Routine Uses: Disclosure Routine Uses:
notice was transmitted to the last known To contractors, grantees, experts, (a) To a court, magistrate, administrative
address of such individual to identify the consultants and their agents, or others tribunal, or arbitrator in the course of
health threat or risk. performing or working under a contract, presenting evidence, including disclosures to
(4) Consumer Reporting Agency Disclosure service, grant, or cooperative agreement with opposing counsel or witnesses in the course
Routine Use: HUD, when necessary to accomplish an of civil discovery, litigation, mediation, or
To a consumer reporting agency, when agency function related to a system of settlement negotiations; or in connection
trying to collect a claim owed on behalf of records. Disclosure requirements are limited with criminal law proceedings; or in
the Government, in accordance with 31 to only those data elements considered response to a subpoena or to a prosecution
U.S.C. 3711(e). relevant to accomplishing an agency request when such records to be released are
(5) Computer Matching Program Disclosure function. Individuals provided information specifically approved by a court provided
Routine Use: under these routine use conditions are order.
To Federal, State, and local agencies, their subject to Privacy Act requirements and (b) To appropriate Federal, State, local,
employees, and agents for the purpose of disclosure limitations imposed on the tribal, or governmental agencies or
conducting computer matching programs as Department. multilateral governmental organizations
regulated by the Privacy Act of 1974, as (9) Data Testing for Technology responsible for investigating or prosecuting
amended (5 U.S.C. 552a). Implementation Disclosure Routine Use: the violations of, or for enforcing or
(6) Prevention of Fraud, Waste, and Abuse To contractors, experts and consultants implementing, a statute, rule, regulation,
Disclosure Routine Use: with whom HUD has a contract, service order, or license, where HUD determines that
To Federal agencies, non-Federal entities, agreement, or other assignment of the the information would assist in the
their employees, and agents (including Department, when necessary to utilize enforcement of civil or criminal laws.
contractors, their agents or employees; relevant data for the purpose of testing new (c) To third parties during the course of a
employees or contractors of the agents or technology and systems designed to enhance law enforcement investigation to the extent
designated agents); or contractors, their program operations and performance. necessary to obtain information pertinent to
employees or agents with whom HUD has a (10) Data Breach Remediation Purposes the investigation, provided disclosure is
contract, service agreement, grant, Routine Use: appropriate to the proper performance of the
cooperative agreement, or computer To appropriate agencies, entities, and official duties of the officer making the
matching agreement for the purpose of: (1) persons when: disclosure.
Detection, prevention, and recovery of (a) HUD suspects or has confirmed that the (d) To another agency or to an
improper payments; (2) detection and security or confidentiality of information in instrumentality of any governmental
prevention of fraud, waste, and abuse in a system of records has been compromised; jurisdiction within or under the control of
major Federal programs administered by a (b) HUD has determined that as a result of the United States for a civil or criminal law
Federal agency or non-Federal entity; (3) the suspected or confirmed compromise enforcement activity if the activity is
detection of fraud, waste, and abuse by there is a risk of harm to economic or authorized by law, and if the head of the
individuals in their operations and programs, property interests, identity theft, or fraud, or agency or instrumentality has made a written
but only to the extent that the information harm to the security or integrity of systems request to the agency that maintains the
shared is necessary and relevant to verify or programs (whether maintained by HUD or record, specifying the particular portion
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pre-award and prepayment requirements another agency or entity) that rely upon the desired and the law enforcement activity for
prior to the release of Federal funds, prevent compromised information; and which the record is sought.
and recover improper payments for services (c) The disclosure made to such agencies, (13) Department of Justice for Litigation
rendered under programs of HUD or of those entities, and persons is reasonably necessary Disclosure Routine Use:
Federal agencies and non-Federal entities to to assist in connection with HUD’s efforts to To the Department of Justice (DOJ) when
which HUD provides information under this respond to the suspected or confirmed seeking legal advice for a HUD initiative or
routine use. compromise and prevent, minimize, or in response to DOJ’s request for the

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81840 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices

information, after either HUD or DOJ approved. The Assessment Tool areas of poverty, patterns of integration
determine that such information is relevant announced in this notice, and the and segregation, disparities in access to
to DOJ’s representatives of the United States guidance accompanying this opportunity, and disproportionate
or any other components in legal proceedings
Assessment Tool (the Guidebook) can be housing needs.
before a court or adjudicative body, provided
that, in each case, the agency also determines found at https:// At the time of publication of the July
prior to disclosure that disclosure of the www.hudexchange.info/programs/affh/. 19, 2013, AFFH proposed rule, HUD
records to DOJ is a use of the information This Federal Register notice also also posted and sought public comment
contained in the records that is compatible highlights changes made by HUD to the on a draft ‘‘Data Documentation’’ paper
with the purpose for which HUD collected Assessment Tool based on comments online at http://www.huduser.gov/
the records. HUD on its own may disclose submitted in response to HUD’s July 16, portal/affht_pt.html and at https://
records in this system of records in legal 2015, notice, which solicited comment www.hudexchange.info/programs/affh/
proceedings before a court or administrative on the Assessment Tool for a period of (under the heading Data Methodology).
body after determining that the disclosure of
the records to the court or administrative
30 days. HUD will issue separate HUD requested public comments on the
body is a use of the information contained in Assessment Tools for use by States and categories, sources, and format of data
the records that is compatible with the Insular areas and PHAs that will also be that would be provided by HUD to
purpose for which HUD collected the used for: (1) Joint and regional program participants to assist them in
records. collaborations where the State or Insular completing their AFH, and many
[FR Doc. 2015–32964 Filed 12–30–15; 8:45 am] Area is designated as the lead entity; program participants responded with
BILLING CODE 4210–67–P and (2) joint collaborations with only comments on the Data Documentation.
PHA partners.
The 60-Day Notice on the Assessment
FOR FURTHER INFORMATION CONTACT:
Tool (Initial Assessment Tool)
DEPARTMENT OF HOUSING AND George D. Williams, Sr., Deputy
URBAN DEVELOPMENT Assistant Secretary for Policy, On September 26, 2014, at 79 FR
Legislative Initiatives and Outreach, 57949, HUD issued a notice for public
[Docket No. FR–5173–N–07] comment on the Assessment Tool found
Office of Fair Housing and Equal
Affirmatively Furthering Fair Housing Opportunity, Department of Housing at http://www.huduser.gov/portal/affht_
Assessment Tool: Announcement of and Urban Development, 451 7th Street pt.html. As noted in the Summary, the
Final Approved Document SW., Room 5246, Washington, DC Assessment Tool was designed for use
20410; telephone number 866–234–2689 by local governments that receive
AGENCY: Office of the Assistance (toll-free) or 202–402–1432 (local). CDBG, HOME, ESG, or HOPWA formula
Secretary for Fair Housing and Equal Individuals who are deaf or hard of funding from HUD when conducting
Opportunity, HUD. hearing and individuals with speech and submitting their own AFH; that is
ACTION: Notice. impediments may access this number the Assessment Tool was designed for
via TTY by calling the toll-free Federal use by local governments and consortia
SUMMARY: This notice announces the required to submit consolidated plans
Relay Service during working hours at
Assessment Tool developed by HUD for under HUD’s Consolidated Plan
1–800–877–8339.
use by local governments that receive regulations, codified in 24 CFR part 91,
Community Development Block Grants SUPPLEMENTARY INFORMATION:
specifically subparts C and E, which
(CDBG), HOME Investment Partnerships I. Background pertain to local governments and
Program (HOME), Emergency Solutions consortia.1 In this notice, HUD uses the
Grants (ESG), or Housing for Persons The AFFH Proposed Rule
term ‘‘local governments’’ to refer to
with AIDS (HOPWA) formula funding On July 19, 2013, at 78 FR 43710,
those consolidated plan program
from HUD when conducting and HUD published for public comment its
participants for which this tool is
submitting their own Assessment of Fair AFFH proposed rule. The July 19, 2013,
primarily designed. The Assessment
Housing (AFH). The Assessment Tool AFFH rule proposed a new approach
Tool is also designed for joint and
will also be used for AFHs conducted by that would enable program participants
regional AFHs conducted by joint and
joint and regional collaborations to more fully incorporate fair housing
regional collaborations between: (1)
between: (1) Such local governments; (2) considerations into their existing
Such local governments; (2) one or more
one or more such local governments planning processes and assist them in
such local governments with one or
with one or more public housing agency complying with their duty to
more PHA partners; and (3) other
(PHA) partners; and (3) other affirmatively further fair housing as
collaborations in which such a local
collaborations in which such a local required by the Fair Housing Act (Title
government is designed as the lead for
government is designed as the lead for VIII of the Civil Rights Act) and other
the collaboration. While the Assessment
the collaboration. For purposes of this authorities. The new process, the
Tool was designed for local
Assessment Tool, no AFH will be due Assessment of Fair Housing (AFH),
governments and for joint or regional
before October 4, 2016. Please see builds upon and refines the prior fair
submissions by local governments and
HUD’s Web page at https:// housing planning process, called the
PHAs, HUD invited comments by all
www.hudexchange.info/programs/affh/ analysis of impediments to fair housing
types of program participants, as it,
for the schedule of submission dates of choice (AI). As part of the new AFH
‘‘present[ed] the basic structure of the
AFHs. process HUD advised that it would issue
Assessment Tool to be used by all
The requirement to conduct and an ‘‘Assessment Tool’’ for use by
program participants, and is illustrative
submit an AFH is set forth in HUD’s program participants in completing and
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Affirmatively Furthering Fair Housing submitting their AFHs. The Assessment 1 In HUD’s AFFH proposed rule published on July
(AFFH) regulations, and this Tool, which includes instructions and 19, 2013, at 78 FR 43710, HUD noted that a
Assessment Tool has completed the nationally-uniform data provided by consortium participating in HUD’s HOME
notice and comment process required by HUD, consists of a series of questions Investment Partnerships program (HOME program),
and which term (consortium) is defined 24 CFR
the Paperwork Reduction Act (PRA), designed to help program participants 91.5, must submit an AFH. HUD stated that a
been reviewed by the Office of identify, among other things, areas of HOME consortium is considered a single unit of
Management and Budget (OMB) and racially and ethnically concentrated general local government (see 78 FR at 43731).

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Document Created: 2015-12-31 02:14:53
Document Modified: 2015-12-31 02:14:53
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Routine Use Inventory republication.
Contact		Frieda B. Edwards, Acting Chief Privacy Officer, 451 Seventh Street SW., Room 10139, Washington, DC 20410, telephone number 202-402-4254 (this is not a toll-free number). Individuals who are hearing- and speech-impaired may access this number via TTY by calling the Federal Relay Service telephone number at 800- 877-8339 (this is a toll-free number).
FR Citation		80 FR 81837