[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7751-7753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02454]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7077-N-01]


Privacy Act of 1974; System of Records

AGENCY: Office of Public and Indian Housing, HUD.

ACTION: Notice of a modified system of records.

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SUMMARY: Under the provision of the Privacy Act of 1974, as amended (5 
U.S.C. 552a), the Department of Housing and Urban Development (HUD), 
Office of Public and Indian Housing (PIH), Real Estate Assessment 
Center (REAC), is modifying system of records, The Quality Assurance/
Quality Control Administrative Files of the Real Estate Assessment 
Center,'' to name change to Physical Assessment Sub-System (PASS). The 
modification makes updates to the system of records name, location and 
system manager, authority, purpose, categories of individuals, 
categories of records in the system, record source categories, routine 
uses, policies and practices for storage, retrieval, retention and 
disposal, safeguards, and access, contesting and notification 
procedures. The updates are explained in the ``Supplementary Section'' 
of this notice. The existing scope, objectives, business processes, and 
uses being made of the data by the HUD remains unchanged.

DATES: Comments will be accepted on or before March 8, 2023. The SORN 
becomes effective immediately, while the routine uses become effective 
after the comment period immediately upon publication except for the 
routine uses, which will become effective on the date following the end 
of the comment period unless comments are received which result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number or by 
one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow 
the instructions provided on that site to submit comments 
electronically.
    Fax: 202-619-8365.
    Email: [email protected].
    Mail: Attention: Privacy Office; Mr. LaDonne White, Chief Privacy 
Officer; Office of 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

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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 has modified system of records notice 
for the Physical Assessment Sub-System (PASS-R) to include these 
substantive changes, besides administrative updates to regulatory 
references along with word and format changes throughout the SORN. The 
modifications to SORN PASS include these changes: The Quality 
Assurance/Quality Control Administrative Files of the Real Estate 
Assessment Center'' to ``Physical Assessment Sub-System (PASS-R)''. The 
``System Location'' and ``System Manager(s)'' sections have been 
updated and brings the information current. The ``Authority for 
Maintenance of the System'' is updated to reflect periodic updates to 
titles of listed authorities. The ``Purpose(s) of the System'' section 
described in SORN FR-4566-N-15 is updated to align the description with 
system functionality, this update includes more details listing the 
program offices supported by the system and the schedule tracking 
capability of the system. The ``Categories of Individuals Covered by 
the System'' includes the description in SORN FR-4456-N-15 and 
describes roles and function. The ``Categories of Records in the 
System'' includes the list of data elements in SORN FR-4456-N-15, 
updated to include the collection of personal identifiable information 
provided by authorized individuals who have contracted with HUD or 
servicing mortgages to perform inspections and servicing mortgages 
whose employees are certified to conduct inspections. The ``Record 
Source Categories'' includes the descriptions provided in SORN FR-4456-
N-15 and clarifies that the term ``subject individuals'' includes 
inspector candidates and HUD certified inspectors. The ``Routine Uses 
of Records Maintained in the System, Including Categories of Uses and 
Purpose of Such Uses'' updated to include the applicable routine uses. 
The ``Policies and Practices for Storage of Records'' section which 
stated that ``Records are stored electronically in office automation 
equipment and manually in file jackets'' has been updated to include 
paper and electronic records. The ``Policies and Practice for Retention 
and Disposal of Records'' which stated the ``The records are retained 
and disposed of in accordance with the General Records Schedule 
contained in the HUD Records Schedule contained in the HUD Handbook 
2228.2, appendix 14, item 25'' now reference the appropriate National 
Archives and Records Administration schedule. The ``Administrative, 
Technical and Administrative Safeguards'' has been updated to list 
additional safeguards now used to protect records from unauthorized 
access (e.g., privacy and security documents and training, encryption, 
smart cards, biometrics, firewalls, and intrusion detection.

SYSTEM NAME AND NUMBER:
    Physical Assessment Sub-System (PASS-R), PIH-REAC 3.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the Department of Housing and Urban 
Development Headquarters, 451 Seventh Street SW, Room 4156, Washington, 
DC 20410.

SYSTEM MANAGER(S):
    Office of Public and Indian Housing (PIH), Ashley Sheriff, Acting 
Deputy Assistant Secretary, Real Estate Assessment Center, 550 12th 
Street SW, Suite 100, Washington, DC 20410. 202-475-7949.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    United States Housing Act of 1937 (42 U.S.C. 1437, et seq.), and in 
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701, 
et seq.). Subpart G of 24 CFR part 5; The Debt Collection Improvement 
Act of 1996 (31 U.S.C. 7701(c)); 24 CFR part 902, as amended. 24 CFR 
200, subpart P.

PURPOSE(S) OF THE SYSTEM:
    The Physical Assessment Sub-System (PASS-R) is a functional unit of 
PIH-REAC that provides HUD with a variety of functions that help ensure 
the integrity of HUD's public housing and assisted multifamily (MF) 
properties. This system coordinates the procurement of Inspector 
candidates to conduct Uniform Physical Condition Standards (UPCS) 
inspections for Public Housing Agencies/Authorities (PHAs) and the 
Office of Multifamily Housing (MFH) assisted and insured properties. 
The system ensures inspection scheduling for both PHA and MFH 
properties and arranges for correction and rescheduling of inspections 
deemed incomplete or deficient. This system also enables quality 
control checks of each uploaded inspection and provides property 
specific on-line reporting of the inspection results in Secure Systems 
and this system facilitates responses to technical review and database 
adjustment requests from PHAs and MFH owners and agents.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Inspectors authorized to participate in the process for inspecting 
HUD and federally assisted properties.

CATEGORIES OF RECORD IN THE SYSTEM:
    Full name, inspector identification number, height, weight, birth 
year, hair color, eye color, gender, home address, city, state, email 
address, telephone numbers (home, work, cell), fax number, and photo.

RECORD SOURCE CATEGORIES:
    Individual.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    (1) To appropriate agencies, entities, and persons when (1) the HUD 
suspects or has confirmed that there has been a breach of the system of 
records, (2) the 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.
    (2) To another Federal agency or Federal entity, when the 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.
    (3) To contractors, grantees, experts, consultants and their 
agents, or others performing or working under a contract, service, 
grant, cooperative agreement, or other agreement with HUD, when 
necessary to accomplish an agency function related to a system of 
records. Disclosure requirements are limited to only those data 
elements considered relevant to accomplishing an agency function.
    (4) To a court, magistrate, administrative tribunal, or arbitrator 
in the course of presenting evidence, including disclosures to opposing

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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.
    (5) 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:
    Electronic and paper records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by inspector name and inspector's 
identification number.

POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
    Temporary. Destroy upon verification of successful creation of the 
final document or file, or when no longer needed for business use, 
whichever is later.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Administrative Safeguards: When first gaining access to PASS-R and 
annually, all users must agree to the systems ``Rules of Behavior'' 
which specify handling of personal information and any physical 
records.
    Technical Safeguards: Controls for the system include, but are not 
limited to, user identification, password protection, firewalls, 
virtual private network, encryption, intrusion detection system, common 
access cards, smart cards, biometrics, and public key infrastructure. 
Unauthorized access is controlled by the application-level security.
    Physical Safeguards: Controls to secure the data and protect paper 
and electronic records, buildings, and related infrastructure against 
threats associated with their physical environment include, but are not 
limited to, using the HUD Employee ID and/or badge number and key 
cards, security guards, cipher locks, biometrics, and closed-circuit 
TV. Paper records are secured in locked file cabinets, offices, and 
facilities. Electronic media are kept on secure servers or computer 
systems. Records are stored in a dedicated file room or in locking file 
cabinets in file folders. During normal business hours, assigned agency 
personnel, including Records Management staff and on-site contractor 
personnel, regulate availability of the files. During evening and 
weekend hours the offices are locked.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to their records in 
this system of records may submit a request in writing to the 
Department of Housing and Urban Development, Attn: FOIA Program Office, 
451 7th Street SW, Suite 10139, Washington, DC 20410-0001. or by 
emailing [email protected]. Individuals must furnish the following 
information for their records to be located:
    1. Full name.
    2. Signature.
    3. The reason why the individual believes this system contains 
information about him/her.
    4. The address to which the information should be sent.

CONTESTING RECORD PROCEDURES:
    Same as the Notification Procedures above.

NOTIFICATION PROCEDURES:
    Any person wanting to know whether this system of records contains 
information about him or her should contact the System Manager. Such 
person should provide his or her full name, position title and office 
location at the time the accommodation was requested, and a mailing 
address to which a response is to be sent.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Docket No. FR-4456-N-15, FR 28193, May 22, 2001.

LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-02454 Filed 2-3-23; 8:45 am]
BILLING CODE 4210-67-P