[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45239-45242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14907]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7077-N-14]
Privacy Act of 1974; System of Records
AGENCY: Office of Housing, Single Family Acquired Assets Management
Branch, HUD.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Under the provision of the rivacy Act of 1974, as amended,
the Department of Housing and Urban Development (HUD), Office of Single
Family Acquired Assets Management Branch, is modifying system of
records titled '' Single Family Acquired Assets Management System
(SAMS)''. The Single Family Acquired Assets Management System (SAMS)
handles Management and accounting functions for HUD's inventory of
insured owned single-family properties for sale, or maintained as, Real
Estate Owned (REO) properties. This system of records is being revised
to make clarifying changes within: System Location, System Manager,
Record 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, and Retention and
Disposal of Records, and make general updates to the remaining sections
to accurately reflect management of the system of records in accordance
with the Office of Management and Budget (OMB) Circular A108, Federal
Agency Responsibilities for Review, Reporting, and Publication under
the Privacy Act.
DATES: Comments will be accepted on or before August 14, 2023. This
proposed action will be effective immediately upon publication. Routine
uses 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; 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 http://www.regulations.gov. including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: LaDonne White; 451 Seventh Street SW,
Room 10139; Washington, DC 20410-0001; 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/
[[Page 45240]]
consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION: HUD, Single Family Acquired Assets
Management Branch, maintains the SAMS system. HUD is publishing this
revised notice to reflect new and modified routine uses, and new source
protocols implemented to support HUD's move to cloud services.
Additionally, administrative updates are being added to the remaining
SORN sections to reflect the system in its current state. The change to
the system of records will have no undue impact on the privacy of
individuals and updates are consistent with the records collected.
The following are updates since the previous SORN publication:
Security Classification: Added systems of record classification
status.
System Location: Replaced former data center location in West
Virginia with new locations in Virginia, Mississippi, and Washington,
DC.
System Manager: Identified new system manager expected to operate
under this system of records.
Authority for Maintenance of the System: Updated with existing
authorities that permit the maintenance of the systems records by
clarifying citations, correcting errors, and including relevant
citations to the Code of Federal Register. Statutes and regulations are
listed below.
Purpose of the System: Updated to make clarifying changes to the
system's purpose.
Categories of Individuals Covered by the System: Reorganized this
section to group and clarify individuals according to their program
responsibilities.
Categories of Records in the System: Updated this section to
clarify the records collected.
Records Source Categories: Updated with record sources for internal
and external systems. With source updates to: (1) the HUD
disbursements, collections and the Name and Address Identification
Numbers (NAIDs) transmittal's function were transferred from HUD's
Single Family Acquired Assets Management Division--SAMS to the Assets
Disposition Management Division--Asset Disposition and Management
System (ADAMS). Financial transaction and documents are now submitted
and created in ADAMS, and then sent to SAMS to capture and process core
financial transactions, and (2) the SAMS Web cloud-based solution was
implemented for uploading, transmitting, storing forms and PDF
attachments for program automated reporting.
Routine Use of Records in System: HUD will make new and modified
disclosures from this system of records to authorized agencies and
participants as described below. The disclosures will enable HUD to
resolve disputes, implement remedial actions, test new technology, work
with researchers, and respond to investigation actions. To keep track
of legal, reporting, hearing, and procedural processes related to these
documents, HUD may maintain summaries or details on these disclosures
in this system. HUD's responsiveness to records maintained by this
system of records makes these disclosures appropriate.
New Routine Uses:
Routine Use (1) was added to help resolve disputes between HUD and
persons making FOIA requests; Routine Use (2) was added to help with
congressional inquiries made at the request of that individual; Routine
Use (3) was added to let researchers access HUD data as needed; Routine
Use (4) was added to allow support from contractors, and others when
necessary to accomplish a HUD mission function; Routine Use (6) was
added to allow for disclosures made to Treasury Bureau of Fiscal
Service (BFS) and others for collections and payments services; Routine
Use (9), was added to allow testing new to enhance program technology
and services; Routine Uses (10) and (11) were added to meet the
requirements of OMB M-17-12; Routine Use (12) was added to help enforce
civil or criminal laws; and Routine Uses (13) and (14) were added to
let HUD litigate as needed and receive effective representation by its
representatives (such as the Department of Justice).
Updated Routine Use:
Routine Use (5) was modified to clarify the purpose for reporting
1099 miscellaneous form to Treasury IRS.
Records Retention and Disposition: Updated this section to describe
current retention and disposal requirements in a simplified format.
Added existing NARA approved general records schedules the agency
generally uses to dispose of program related records.
Policy and Practice for Retrieval of Records: Updated to include
minor changes and format. Removed the FHA Case Number since it was not
a personal identifier, and the property address, purchaser name since
these records were not used as a retrieval practice.
SYSTEM NAME AND NUMBER:
Single Family Acquired Asset Management System HUD/HOU-01.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Center for Critical Information Processing and Storage,
9325 Cypress Loop Road, Stennis, MS 39629; 250 Burlington Drive,
Clarksville, VA 23927; and at the HUD Headquarters, 451Seventh Street
SW, Washington, DC 20410-0001.
SYSTEM MANAGER(S):
Kirk Mensah, Director, Single Family Assets Management Division,
451 Seventh Street SW, Room 6242, Washington, DC 20410, telephone
number (202) 402-3092.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The National Housing Act, Public Law 73-479, 48 Stat. 1246, 12
U.S.C. 1701 et seq., Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1997,
Public Law 104-204, 110 Stat. 2894, 12 U.S.C. 1715z-11a, The Housing
and Community Development Act of 1987, Public Law 100-242, title I,
Sec. 165, 101 Stat. 1864, The Housing Community Development Act of
1987, 42 U.S.C. 3543(a), The Debt Collection Act of 1982, Public Law
97-365, Title 24 Code of Federal Regulations, Part 291, Disposition of
HUD-Acquired and Owned Single-Family Property.
PURPOSE(S) OF THE SYSTEM:
SAMS is a management and accounting system for HUD Federal Housing
Administration (FHA) insured owned single-family properties for sale,
or maintained as, Real Estate Owned (REO) custodial home, that HUD
acquires when a lender forecloses on a property and conveys the title
to HUD. SAMS supports HUD staff at Headquarters, Homeownership Centers
(HOCs), and HUD's Management and Marketing (M&M) contractors to track
single-family properties from their acquisition by HUD through the
steps necessary to resell the properties. SAMS captures and processes
all financial transactions related to repairing, leasing, listing, and
selling the properties, including payments for contractor services,
taxes, and homeowner association and condominium fees.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Purchasers, successful bidders of Federal Housing Administration
(FHA) Single-Family owned homes; Mortgagors, including Business and
Homebuyers of Real Estate Owned properties (REO); Borrowers, who have
defaulted on a HUD loan; HUD Single Family Property Disposition Program
Management and Marketing (M&M)
[[Page 45241]]
contractors; and HUD employees and contractors involved with REO
property functions.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, Social Security Number (SSN), Address (Work and
Personal), Date of Birth, Employer Identification Number, we Email
Address (Work and Personal), Employee Identification Number; Financial
Information (bank account numbers, lender ids), Legal Documents
(foreclosure, deed-in-lieu agreements), Name and Address Identification
Number (NAID), Phone Number (Work and Personal), Race/Ethnicity, Salary
(income certification), Taxpayer ID including taxing authority profile,
Telephone number, Fax number, and User Ids.
RECORD SOURCE CATEGORIES:
On-line data entry by HUD staff via SAMS Web and exchanged from
sources (i.e., purchasers, brokers, homeowner association, appraisers,
contractors) by these systems: Office of Single-Family Housing;
Computerized Homes Underwriting Management System (CHUMS), Lender
Electronic Assessment Portal (LEAP). Housing Office of Finance and
Budget; Single Family Insurance Subsystem (SFIS-CLAIMS), Home Equity
Reverse Mortgage Information Technology (HERMIT), Electronic Data
Interface (EDI); and Single-Family Asset Management; Asset Disposition
and Management System (ADAMS).
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 necessary 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 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.
(4) 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.
(5) To Department of Treasury Internal Revenue Services (IRS) for
the purpose of reporting 1099 miscellaneous form, for tax reporting
purpose, to all that have purchased Real Estate Owned property from HUD
in the prior year.
(6) To the Department of Treasury Bureau of Fiscal Service, their
agents, entities and banking institutions (not related to taxes) that
provide payment and collection services for HUD: (1) Administrative
(Payment Services): Issuing payments and other remittance services for
payments certified to authorized contractors, vendors, tax authorities,
and others authorized on HUD's behalf. (2) Cross-Servicing (Collection
Services): Pursuing financial transactions for payments owed to HUD
from buyers, mortgagors, settlement agents, closing agents, lender
servicers and other authorized collections due.
(7) To Management and Marketing contractors and their affiliates
for processing, inspecting REO properties, and marketing the sale of
HUD REO Homes.
(8) To Financial Control Contractors for processing data input for
SAMS system that is written in proprietary code.
(9) 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) 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.
(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 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
enforcement of civil or criminal laws, when such records, either alone
or in conjunction with other information, indicate a violation or
potential violation of law.
(13) 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.
(14) 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
[[Page 45242]]
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 by Social Security Number and Name.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
General records that are listed are maintained for periods of 1-6
years unless a longer retention period is deemed necessary for
investigative purposes or business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Administrative Controls: Backups Secured Off-Site; Methods to
Ensure Only Authorized Personnel Access to PII; Periodic Security
Audits; Regular Monitoring of Users' Security Practices; FIPS 199
determination. HUD access is safeguarded according to rules and
policies, including all applicable automated processes according to
security and privacy safeguard policies. HUD has imposed strict
controls to minimize the risk of compromising the information being
stored. Primary and recovery facilities control physical access to
information system output devices to prevent unauthorized individuals
from obtaining the output. Back-ups are secured off-site, periodic
security audits are performed, and regular monitoring of user's
security practices are enforced.
Technical Controls: Firewall; Role-Based Access Controls; Virtual
Private Network (VPN); Least Privilege Access; User Identification and
Password; and PIV Card. The system incorporates role-based access
controls, least privilege access controls, and virtual private access
controls. Access is limited to authorized personnel and requires a
password and user ID before system access is granted. Records are
maintained in a secured computer network behind HUD's firewall. The
system sends and receives data through HUD Security File Transfer
Protocol (SFTP), which encrypts the data. SSNs are encrypted during
transmission to protect session information.
Physical Controls: Key cards; Security Guards; and Identification
badges. Secure physical methods are used to ensure only authorized
users have access to PII or HUD and its approved facilities. Access is
controlled by key card, controlled access, security guards, and
identification badges. Periodic security audits, regular monitoring of
system users' behavior is conducted; Primary and recovery facilities
control physical access to information system output devices to prevent
unauthorized individuals from obtaining the output. Hard copies are
stored in locked file cabinets in secured rooms with restricted access.
RECORD ACCESS PROCEDURES:
Individuals requesting records of themselves should address written
inquiries to the Department of Housing Urban and Development, 451 7th
Street SW Washington, DC 20410-0001. For verification, individuals
should provide their full name, current address, and telephone number.
In addition, the requester must provide either a notarized statement or
an unsworn declaration made under 24 CFR 16.4.
CONTESTING RECORD PROCEDURES:
The HUD rule for contesting the content of any record pertaining to
the individual by the individual concerned is published in 24 CFR 16.8
or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals requesting notification of records of themselves should
address written inquiries to the Department of Housing Urban
Development, 451 7th Street SW, Washington, DC 20410-0001. For
verification purposes, individuals should provide their 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 24
CFR 16.4.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Docket No. 71 FR 35443 (June 20, 2006), 79 FR 10825 (February 26,
2014).
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-14907 Filed 7-13-23; 8:45 am]
BILLING CODE 4210-67-P