[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7746-7750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02451]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7077-N-02]
Privacy Act of 1974; System of Records Modification
AGENCY: Office of Administration, HUD.
ACTION: Notice of a modified system of records.
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SUMMARY: HUD's Debt Collection and Asset Management System, which
consist of two sister systems Title I and Generic Debt, is operated to
collect and maintain data needed to support activities related to the
Department's collection of delinquent debt obligations. Pursuant to the
provisions of the Privacy Act of 1974, as amended, the Department of
Housing and Urban Development (HUD) is issuing a public notice of its
intent to modify a system of records entitled ``Debt Collection and
Asset Management System--Title I/Generic Debt''. This system of records
is being revised to make clarifying changes within: System Location,
Security Classification, System Manager, Authority for Maintenance of
the System, Purpose of the System, Categories of Individuals Covered by
the System, Categories of Records in the System, Records Source
Categories, Routine Uses of Records Maintained in the System, Retrieval
of Records, Retention and Deposal of Records. The SORN modifications
are outlined in the SORN ``Supplementary Information'' section.
DATES: Comments will be accepted on or before March 8, 2023. This
proposed new routine use actions 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 by one
method:
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; 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, Albany Financial Operations Center
maintains the ``Debt Collection and Asset Management System--Title I/
Generic Debt'' system. HUD is publishing this revised notice to
establish a new and modified routine use and to reflect updated
information in the sections being revised. The modification of the
system of records will have no undue impact on the privacy of
individuals covered and updates made are explained below.
The following are updates since the previous SORN publication:
Security Classification: Added systems of record classification
status.
System Location: Replaced former data center and HUD locations with
new locations in Virginia, Mississippi, and Washington.
System Manager: Identified new system manager expected to operate
this system of records.
Authority for Maintenance of the System: Updated with existing
authorities that permit the maintenance of the systems records.
Statutes and regulations are listed below.
Categories of Individuals Covered by the System: Reorganized this
section to group and clarify individuals according to their system
coverage.
Categories of Records in the System: Updated this section to
clarify the individuals whose personal identifiable information is
collected.
Records Source Categories: Updated to cover all electronic and
manual
[[Page 7747]]
record sources for internal and external systems to HUD.
Routine Use of Records: Updated to cover routine uses that are new,
modified, or removed.
New Routine Uses
Routine Use (1) added to cover disclosures made to National
Archives and Records Administration, Office of Government Information
Services, to review administrative agency policies, procedures, and
compliance with FOIA and to mediate the resolution of resolution of
dispute between persons making FOIA requests and administrative
agencies; Routine Use (2) added to cover disclosures made 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; Routine Use (4) added to cover disclosures made to Federal
agencies, non-Federal entities, their employees, and agents (including
contractors, their agents, or employees) for the purpose detecting and
preventing improper payments and fraud, waste, and abuse in Federal
programs by providing information necessary for the verification of
prepayment and pre-award requirements; Routine Use (5) added to cover
disclosures made to contractors, grantees, experts, consultants,
Federal agencies, and non-Federal entities performing research and
statistical analyses of HUD programs; Routine Use (6) added to cover
disclosures made to contractors, grantees, experts, consultants and
their agents, or others performing or working under a contract or other
agreement when necessary to accomplish a HUD mission function supported
by a system of records; Routine Use (10), add to test information
technology uses with authorized recipient agencies to assist in
addressing enhancements for program information technology and
services; Routine Uses (11) and (12) added to cover disclosures made to
agencies, entities, and persons to assist HUD in responding to
suspected or confirmed breaches of the system of records or to other
Federal agencies when HUD determines that information from the system
of records is needed to assist to the agency in responding to a
suspected or confirmed breach; and Routine Uses (13) and (14) added to
cover disclosures made to a court, magistrate, administrative tribunal,
or arbitrator while presenting evidence in civil or criminal
proceedings and 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 criminal or civil statute, rule,
regulation, order, or license.
Updated Routine Use
Routine Use (7) and (8) updated to explain each disclosure type,
Treasury organization, and organization change (from Financial
Management Service (FMS) to Bureau of Fiscal Service (the Fiscal
Service) and additional details under Treasury collection services; and
Treasury Internal Revenue Service (IRS) for reporting debt
cancellations and mortgage interest payment; Routine Use (3) updated to
specify the Department's Single Family Program Development CAIVRS SORN
agencies that use the program data offered by the CAIVRS matching
program; and Routine Use (15) was updated to clarify disclosures made
to the Department of Justice or other Federal agencies conducting
litigation before any court, adjudicative, or administrative body.
Removed Routine Use
Routine Use (2) removed disclosure made to Administrative Law Judge
conducting an administrative proceeding, where HUD is a party, and to
the interested parties to the extent necessary for conducting the
proceeding, cited in prior SORN, since its presence for disclosures
will be addressed by new RU 15; and Routine Use (8) removed disclosure
made to Third-party debt purchasers', cited in prior SORN, since HUD no
longer administers the sale and transfer of delinquent debts to Third
parties.
In the past, Routine Uses (2), (5), (6), (11), (13), (14), (15)
were based on routine uses previously applied through HUD's 2015
Routine Use Inventory publication, these routine uses are now
reorganized, incorporated, and updated as part of this system of
records.
Records Retention and Disposition: Updated this section to describe
current retention and disposal requirements.
Removed routine use exceptions Crediting Reporting Bureaus and
General Accounting Office.
Policy and Practice for Retrieval of Records: Updated to include
minor changes and format--Reformatted the retrieval statement for
borrowers' records retrieved. Added existing retrieval practice for
system users' records retrieved.
SYSTEM NAME AND NUMBER:
Debt Collection and Asset Management System (DCAMS), which consists
of two sister systems Title I and Generic Debt, HUD/HOU-55.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
HUD's Albany Financial Operations Center, 52 Corporate Circle,
Albany, New York 12203; Pittsfield Federal Records Center, 10 Conte
Drive, Pittsfield, MA 01201, National Center for Critical Information
Processing and Storage, 9325 Cypress Loop Road, Stennis, MS 39629; and
250 Burlington Drive, Clarksville, VA 23927; and at HUD Headquarters
Building, 451 Seventh Street SW, Washington, DC 20410-10001.
SYSTEM MANAGER(S):
Michael DeMarco, Director, HUD, Albany Financial Operations Center,
52 Corporate Circle, Albany, New York 12203, telephone number 518-862-
2859.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5514 and 31 U.S.C. 3701 et seq.), which includes
provisions of the Federal Claims Collection Act of 1966 (Pub. L. 89-
508); Debt Collection Act of 1982 (Pub. L. 97-365); Debt Collection
Improvement Act of 1996 (Pub. L. 104-134), as amended; 31 CFR 285, 24
CFR part 17, subpart C; Federal Claims Collection Standards, codified
at 31 CFR parts 900 through 904; 12 U.S.C. 1703(c) authorizes the
collection, compromise, and sale of debt obligations to HUD in
connection with the payment of FHA Title I loans; 12 U.S.C. 1710(g)
authorizes collection, compromise, and sale of debt obligations in
connection the payment of FHA Title II loans; The Housing Community and
Development Act of 1987 (Pub. L. 100-242, title I, 165, Feb. 5, 1988,
101 Stat. 1864), which is codified at 42 U.S.C. 3543(a); 24 CFR part 5,
subpart B. The Housing Community and Development Act of 1987 (Pub. L.
100-242, title I, 165, Feb. 5, 1988, 101 Stat. 1864), which is codified
at 42 U.S.C. 3543(a), authorizes the Secretary of HUD to collect Social
Security Numbers from program participants. 24 CFR part 5, subpart B
implements HUD's policies for implementing its authorities to collect
Social Security Numbers.
PURPOSES(S) OF THE SYSTEM:
The primary purpose of DCAMS is to collect and maintain data needed
to support activities related to the collection and servicing of
various HUD/FHA debts. Debt collection and servicing activities include
sending both automated and manually generated correspondence; making
official phone calls; reporting consumer data to the credit bureaus,
supporting collection
[[Page 7748]]
initiatives, such as wage garnishment, offset of federal payments,
pursuit of judgments, and foreclosure; and supporting defensive
litigation related to foreclosure and actions to quiet title.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Borrowers/Co-borrowers who have debts resulting from default on
their HUD/FHA-insured Title I and Title II loans; (2) Individual
business partners including business who have debts resulting from
their participation as loan originators, loan servicers, underwriters,
real estate brokers, appraisers, and property managers in HUD/FHA's
Single Family (Title I and Title II) and Multifamily loan programs; and
(3) HUD employees and contractor support staff involved in the debt
collection activities supported by the system.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, Date of Birth, Address (property and work), Social
Security Numbers, Tax Identification Number, Phone Numbers (work,
personal, business); Marital Status, Payment and Salary Information,
Employment Status History Information, Financial Account Data including
Loan Origination Information and Documentation, Bankruptcy Documents
including Case Number, Promissory Notes, Mortgages, Civil and Criminal
Judgements, Liens Information, Histories, Foreclosure Documents,
Judicial Decisions and Orders, Collection and Account Statuses, Account
Number (also known as case or claim number).
RECORD SOURCE CATEGORIES:
Federal, state, and local agencies, public records, credit
reporting agency reports, FHA-approved business entities, and civil and
criminal courts.
Electronic and Manual data entries and uploads by HUD personnel and
contractors based on data maintained or exchanged from the following
internal and external systems:
Housing, Office of Finance and Budget: F72--Title I
Insurance and Claims System (TIIS)--Electronic-Manual Entry, A43C--
Single Family Insurance System--Claims (CLAIMS), and A80S--Single
Family Asset Management System (SAMS)--Manual Entry.
Office of Chief Information Officer: P299--HUD PAY.GOV
Common Services (HPCS)--Electronic-Manual Entry.
Housing, Office of Single Family Housing: A80H--Single
Family Mortgage Asset Recovery System (SMART)--Manual Entry, D64A--
Single Family Housing Enterprise Data Warehouse (SFHEDW)--Manual Entry.
Department of the Treasury, Bureau of the Fiscal Service:
Lockbox Network Systems, Intra-Governmental Payment and Collection,
Cross Servicing, and Treasury Offset Program--Electronic-Manual entry.
United States Courts: Public Access to Court Electronic
Records--Manual entry.
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 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's offering of mediation service 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 an inquiry from the congressional office made at the
request of that individual.
(3) 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).
Records from this system of records are shared with the Department of
Education, Veterans Administration, Department of Justice, Department
of Agriculture, and Small Business Administration, from Credit Alert
reporting (CAIVRS), which is a HUD-sponsored database that makes a
federal debtor's delinquency and claim information available to federal
lending and assistance agencies and private lenders who issue federally
insured or guaranteed loans for the purpose of evaluating a loan
applicant's creditworthiness.
(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: (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 if the information shared is necessary and relevant
to verify pre-award and prepayment requirements before 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) To contractors, grantees, experts, consultants, Federal
agencies, and non-Federal entities, including, but not limited to,
State and local governments and other research institutions or their
parties, and entities and their agents with whom HUD has a contract,
service agreement, grant, cooperative agreement, or other agreement,
for the purposes of statistical analysis and research in support of
program operations, management, performance monitoring, evaluation,
risk management, and policy development, or to otherwise support the
Department's mission. Records under this routine use may not be used in
whole or in part to make decisions that affect the rights, benefits, or
privileges of specific individuals. The results of the matched
information may not be disclosed in identifiable form.
(6) To contractors, grantees, experts, consultants and their
agents, or others performing or working under a contract, service,
grant, or 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.
(X)
(7) To the Department of Treasury, Bureau of Fiscal Service, who
provides debt and cash collection services for HUD as follows:
(1) Administrative Offset (Debt Collection): offsets Federal tax
refund payments and non-tax payments certified for disbursement to the
debtor to recover a delinquent debt.
(2) Cross-servicing (Debt Collection): pursues recovery of
delinquent debts on behalf of Federal agencies using debt collection
tools authorized by statute, such as private collection agencies,
administrative wage garnishment, or public dissemination of an
individual's delinquent indebtedness; or any other legitimate debt
collection purpose.
(8) To the Department of Treasury, Internal Revenue Services (IRS)
for the purposes of reporting canceled debt on form IRS 1099-C and
mortgage interest paid on form IRS 1098.
(9) To defaulted borrowers' employers to when issuing an order to
garnish the wages of the defaulted borrower.
(10) To appropriate federal, state, local, tribal, or foreign
governmental
[[Page 7749]]
agencies or multilateral governmental organizations, with the approval
of the Chief Privacy Officer, when HUD is aware of a need to use
relevant data for purposes of testing new technology.
(11) 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.
(12) To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed that there has been a breach of the system of
records; (2) HUD has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, HUD (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with HUD's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
(13) 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
enforce civil or criminal laws, when such records, either alone or in
conjunction with other information, indicate a violation or potential
violation of law.
(14) To a court, magistrate, administrative tribunal, or arbitrator
in the course of presenting evidence, including disclosures to opposing
counsel or witnesses in the course of civil discovery, litigation,
mediation, or settlement negotiations; or in connection with criminal
law proceedings; when HUD determines that use of such records is
relevant and necessary to the litigation and when any of the following
is a party to the litigation or have an interest in such litigation:
(1) HUD, or any component thereof; or (2) any HUD employee in his or
her official capacity; or (3) any HUD employee in his or her individual
capacity where HUD has agreed to represent the employee; or (4) the
United States, or any agency thereof, where HUD determines that
litigation is likely to affect HUD or any of its components.
(15) 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and Electronic.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved primarily by Social Security Number, Name,
Address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance
with the National Archives and Records Administration, General Records
Schedule 1.1, Financial Management and Reporting Records; GRS 3.1,
Information Technology Development Records; GRS 3.2, Information
Security Records; and 5.2, Transitory and Intermediary Records. General
records are maintained for periods of 1-6 years unless a longer
retention period is deemed necessary for investigative purposes or
business use. Electronic and paper records will be destroyed in
accordance with systems disposal and NIST 800-88 Guidelines. If
necessary, paper records are destroyed by burning, and electronic and
media records are destroyed in accordance with NIST Special Publication
800-88, Guidelines for Media Sanitization. 4.2 Information Access and
Protection Records to SORN ``Policy and Practices for Retention and
Disposal
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Administrative Controls: Data backups secured off-site; access
granted only to authorized personnel; periodic security audits; regular
monitoring of users' security practices. Access to PII is limited to
individuals who have undergone pre-employment screening and who have a
demonstrated need for access. Role-based security controls are assessed
annually. The system accounts of users with access to PII are reviewed
quarterly and re-certified annually.
Physical Controls: Key card, controlled access, security guards,
and identification badges. The data center employs six layers of
around-the-clock physical security: buffer zone, perimeter fencing,
armed security at all gates, roving armed guards, armed guards on data
center floor space, and an access control system. The Financial
Operations Center in Albany, New York employs three layers of physical
security: locked entrances to facility, locked file room for storing
paper records, and an access control system.
Technical Controls: Biometrics, firewalls, role-based access
controls, virtual private network, use of privileged account (Elevated
Roles), external certificate authority certificates, Personal Identity
Verification (PIV) cards, and intrusion detection system. Directory-
based identity-related services authenticate and authorize users
accessing HUD's internal network. Security services employ system entry
validation, individual accountability, and resource access control to
authenticate and authorize users accessing the system.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this System of Records
contains information on themselves should address written inquiries to
the Department of Housing Urban and Development 451 7th Street SW,
Washington, DC. For verification, individuals should provide full name,
current address, and telephone number. In addition, the requester must
provide either a notarized statement or an unsworn declaration made
under 28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).'' If executed within the United States, its
territories, possessions, or commonwealths: ``I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on (date). (Signature).'' More information
regarding HUD'S procedures for accessing records in accordance with the
Privacy Act can be found at 28 CFR part 16 Subpart D, `Protection of
Privacy
[[Page 7750]]
and Access to Individual Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their requests to the address indicated
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to
contest or amend records must be in writing and the envelope and letter
should be clearly marked ``Privacy Act Amendment Request.'' All
requests must state clearly and concisely what record is being
contested, the reasons for contesting it, and the proposed amendment to
the record. More information regarding HUD's procedures for amending or
contesting records in accordance with the Privacy Act can be found at
28 CFR 16.46, ``Requests for Amendment or Correction of Records.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Department of Housing Urban Development Chief Financial Officer,
451 7th Street SW, Washington, DC 20410-0001. For verification,
individuals should provide 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 28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
HUD/HS-55: DCAMS 72 63919 (November 13, 2007).
HUD/HS-55: DCAMS 72 FR-69703 (December 10, 2007).
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-02451 Filed 2-3-23; 8:45 am]
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