[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Pages 67158-67160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3164]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4922-N-04]


Privacy Act of 1974; Establishment of a New System of Records

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notification of the establishment of a new system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, the Department of Housing and Urban 
Development (HUD) is giving notice that it proposes to establish a new 
system of records entitled ``Compliance Investigation and Enforcement 
Files (CIEF)'' that will be used in performing compliance assistance 
and enforcement under the statutory jurisdiction of the Office of 
Healthy Homes and Lead Hazard Control (OHHLHC), and in supporting other 
administrative requirements related to the responsibilities of the 
Office.
    CIEF facilitates more timely, accurate processing and use of this 
information to protect the health of children as well as to ensure 
compliance with applicable Federal statutes and regulations. CIEF 
contains: Residential property information; residential lease 
information; associated owner and/or agent information; documents 
related to lead-based paint and lead-based paint hazards, inspection 
reports, risk assessment reports, clearance tests, and associated 
disclosures and notifications; local housing code violation 
information; number of child lead-poisoning reports for a property; 
source of referral; and consent agreements and administrative 
settlements, and the associated monitoring of these agreements. CIEF 
also tracks the progress of the enforcement investigation.
    System Security Measures: The integrity and availability of data in 
CIEF are important. Much of the data needs to be protected from 
unanticipated or unintentional modification. HUD restricts the access 
of this information to HUD approved officials and its agents. In 
addition, HUD has various system protocols in place to maintain data 
integrity, including: Virus protection software; daily data backups; 
and other documented procedures.
    Vulnerabilities and corresponding security measures include: (1) 
Unauthorized access is reduced by restricting access to specified user 
identifications (User IDs) and passwords; and (2) during routine 
checking, or upon valid request, inaccurate and incomplete data are 
identified and corrected. Paper documents are stored in file cabinets 
and are handled in accordance with standard HUD procedures.
    Data Quality: Residential property and owner/agent information is 
submitted to OHHLHC in electronic or paper format. CIEF will verify 
whether

[[Page 67159]]

or not the information already exists in CIEF. If the property 
information does exist in CIEF, but is actively associated with another 
owner/agent, an error message will appear stating that the property, or 
the property and owner/agent association currently exists in CIEF. 
Information will be archived electronically for the database and 
physically for paper records when an active case or consent decree is 
closed or after seven years, whichever is earlier.

DATES: Effective Date: This proposal shall become effective without 
further notice on December 16, 2004, unless comments are received on or 
before that date which would result in a contrary determination.
    Comments Due Date: December 16, 2004.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, Room 
10276, Department of Housing and Urban Development, 451 7th Street, 
SW., Washington, DC 20410-0500. Communications should refer to the 
above docket number and title. Comments submitted will be available for 
public inspection and copying between 7:30 a.m. and 5:30 p.m. weekdays 
at the above address.

FOR FURTHER INFORMATION CONTACT: For Privacy Act Information: Jeanette 
Smith, Departmental Privacy Act Officer, telephone number (202) 708-
2374. For OHHLHC, Compliance Investigation and Enforcement Files, 
Walter D. Wynn, telephone number (202) 755-1785, ext. 148. (These are 
not toll-free numbers.) A telecommunications device for hearing and 
speech-impaired persons (TTY) is available at 1-800-877-8339 (Federal 
Information Relay Services). (This is a toll-free number.)

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, notice is given that HUD proposes to 
establish a new system of records identified as HUD/OHHLH-1, the 
Compliance Investigation and Enforcement Files (``CIEF'') of the Office 
of Healthy Homes and Lead Hazard Control (OHHLHC).
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be 
afforded a 30-day period in which to comment on the new record systems. 
The new system report was submitted to the Office of Management and 
Budget (OMB), the Senate Committee on Government Reform and Oversight 
and the House of Representatives Committee on Governmental Affairs 
pursuant to paragraph 4c of Appendix 1 to OMB Circular No. A-130, 
``Federal Responsibilities for Maintaining Records About Individuals,'' 
July 25, 1994, 59 FR 37914.
    Accordingly, this notice establishes a new system of records and 
accompanying routine uses to be created during the compliance 
assistance and enforcement process in HUD's Office of Healthy Homes and 
Lead Hazard Control.

    Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).

    Dated: November 8, 2004.
Carolyn Cockrell,
Acting Chief Technology Officer.
HUD/OHHLHC-1

SYSTEM NAME:
    Compliance Investigation and Enforcement Files of the Office of 
Healthy Homes and Lead Hazard Control (``CIEF'').

SYSTEM LOCATION:
    Headquarters.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals included in the system with respect to 
residential properties include: Owners, managers, agents, and 
landlords; potential purchasers; and prospective and actual tenants. 
Categories of individuals included in the system with respect to 
referrals of concerns include: tips or complaints that are not 
anonymous, EPA, local government agencies (e.g., health departments and 
building code enforcement agencies), not for profit organizations 
interested in protecting the rights and health of tenants, and the HUD 
Inspector General. Categories of individuals included in the system 
with respect to investigation of properties include: HUD employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records consist of the following information pertaining to the 
owner, manager and agent: Name, title, address, telephone number, fax 
number, e-mail address, company name, corporate registration number, 
and corporate registered agent name. Records also include: Property 
information, residential lease information, documents related to lead-
based paint and lead-based paint hazards, inspection reports, risk 
assessment reports, clearance tests, and associated disclosures and 
notifications, local housing code violation information, number of 
child lead-poisoning reports for a property, source of referral, 
consent agreements and administrative settlements, and the associated 
monitoring of these agreements.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    HUD is charged with ensuring proper disclosure of information 
concerning lead upon transfer of residential property, whether by sale 
or lease, under 42 U.S.C. 4852(d). HUD has authority to promulgate 
regulations to enforce the statutory requirements under 42 U.S.C. 
4852d(a)(1) and (2). HUD's statutory authority to enforce its 
regulations are found at 42 U.S.C. 4852d(a)(5) and (b). Additionally, 
HUD is charged with establishing procedures to eliminate the hazards of 
lead-based paint in any housing receiving Federal assistance under 42 
U.S.C. 4822(a). 24 CFR part 35 contains the implementing regulations 
promulgated pursuant to the statutes.

PURPOSES:
    The primary purpose of CIEF is to enable OHHLHC to complete its 
statutory responsibility to ensure compliance with the Lead Disclosure 
Rule 24 CFR 35, subpart A, and the Lead Safe Housing Rule 24 CFR part 
35, subparts B-R. The lead disclosure is to occur before a lessee or 
buyer is obligated under a lease or sale agreement. The only way to 
verify disclosure is to evaluate the documentation that memorializes 
these transactions and the parties involved. Since knowledge is an 
integral aspect of disclosure, any documentation regarding knowledge of 
lead (e.g., lead-based paint inspections, lead-based paint inspections 
risk assessments, hazard reduction activities, local abatement orders 
or notices of code violations, etc.) is necessary for verifying what 
and when the owner or his agent knew or should have known.
    In the case of federally assisted housing, the owner or designated 
party is required to perform some type of inspection and attendant 
abatement action. The regulations require ongoing activities until all 
lead-based paint is removed, including use of lead safe work practices 
and notification of tenants regarding all of these activities.
    If an OHHLHC investigation indicates a violation or potential 
violation of the lead disclosure rule, relevant documents may be 
disclosed to the appropriate Federal, state or local authority for 
investigation or enforcement of the applicable laws and regulations. If 
an OHHLHC investigation indicates a violation or potential violation of 
the lead safe housing rule, relevant documents may be disclosed to the 
appropriate program office or Enforcement Center for investigation or 
enforcement of the applicable laws and regulations.

[[Page 67160]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 
subsection (b) of the Privacy Act of 1974, 5 U.S.C. 552a(b), records 
may also be disclosed routinely to other users under the following 
circumstances:
    1. Records may be disclosed to individuals under contract, 
cooperative agreement, or working agreement with HUD to assist the 
Department in fulfilling its statutory lead disclosure 
responsibilities.
    2. Records may be disclosed during the course of an administrative 
proceeding where HUD or other federal agency is a party, to the 
Administrative Law Judge and the interested parties to the extent 
necessary for conducting the proceeding.
    3. Records may be disclosed to the Department of Justice for 
litigation purposes associated with the representation of HUD or other 
Federal agency before the courts.
    4. Records may be disclosed to a confidential source to the extent 
necessary to assist the Office of Inspector General in an 
investigation.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored electronically in computers and in hard copy 
format in file cabinets or other secure storage units.

RETRIEVABILITY:
    Records may be retrieved by manual or computer search by the name 
of the property owner, manager, or agent.

SAFEGUARDS:
    Records are maintained in a secure computer network, and in locked 
file cabinets in rooms with controlled access.

RETENTION AND DISPOSAL:
    Information will be archived electronically for the database and 
physically for paper records when an active case or consent is closed 
or after seven years, whichever is earlier. Documents referred to HUD's 
OIG will become part of the OIG Investigative Files. Records will be 
retained and disposed of in accordance with the General Records 
Schedule included in HUD Handbook 2228.2, appendix 14, items 21-26.

SYSTEM MANAGER AND ADDRESS:
    Walter D. Wynn, Office of Healthy Homes and Lead Hazard Control, 
451 7th Street, SW., Suite P-7110, Washington, DC 20410.

NOTIFICATION AND RECORD ACCESS PROCEDURES:
    Individuals seeking to determine whether this system of records 
contains information about them, or those seeking access to such 
records, should address inquiries to the Project Manager of OHHLHC-
CIEF, U.S. Department of Housing and Urban Development, 451 7th Street, 
SW., Suite P-7110, Washington, DC 20410. Written requests must include 
the full name, current address, and telephone number of the individual 
making the request, including a description of the requester's 
relationship to the information in question. The System Manager will 
accept inquiries from individuals seeking notification of whether the 
system contains records pertaining to them.

CONTESTING RECORD PROCEDURES:
    The procedures for requesting amendment or correction of records 
appear in 24 CFR part 16. If additional information or assistance is 
required, contact the Privacy Act Appeals Officer, Office of General 
Counsel, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410.

RECORD SOURCE CATEGORIES:
    Information may be collected from a wide variety of sources, 
including from HUD, other Federal, state, Indian tribal, and local 
agencies, program participants, subject individuals, complainants, 
witnesses and other non-government sources.

EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:
    None.
[FR Doc. E4-3164 Filed 11-15-04; 8:45 am]
BILLING CODE 4210-27-P