[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17506-17508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05100]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7092-N-25]


Privacy Act of 1974; System of Records

AGENCY: Office of Multi-Family Housing Office, Office of Housing, HUD.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Housing and Urban Development (HUD), 
Office of Multifamily Housing Office, is modifying the system of 
records notice (SORN) titled ``Active Partners Performance System 
(APPS)''. The Active Partners Performance System (APPS) handles web-
based applications for the Business Relationships and Support Contracts 
Division. The modification makes clarifying changes to migration of 
SORN to a new template, the Privacy Office contact information, system 
location, categories of individuals, routine uses and retrieval of 
records. The updates are explained in the ``Supplementary Section'' of 
this notice. This Notice supersedes the previously published on.

DATES: Comments will be accepted on or before April 10, 2024. This 
proposed action 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 or by 
one of the following methods:
    Federal e-Rulemaking Portal: http://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 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/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION: HUD, Office of Multifamily Housing Office, 
maintains the APPS system. HUD is publishing this notice to include 
these changes reflecting the modified items listed below:
    1. System Location: Updated to reflect the current locations, which 
was previously in South Charleston, WV.
    2. Categories of Individuals covered by the System: Updated to 
reflect records collected to a comprehensive list of participants to 
include general public and their participation in HUD programs.
    3. Routine Uses for Records Maintained in the System: Updated to 
bring it to current applicable routine uses. Routine Use (1) was 
removed as obsolete. Routine Use (2) was removed to comply with OMB 
Circular A-108. Routine Use (3) was updated to comply with OMB M-17-12. 
Routine Use (4) was removed as redundant of exception (b)(6) of the 
Privacy Act and replaced by

[[Page 17507]]

the second routine use required by OMB M-17-12. Routine Use (5) was 
moved to what is now Routine Use (1) and replaced with a routine use to 
allow for disclosures for law enforcement purposes. Routine Use (6) is 
added to provide for litigation needs. Routine Use (6) is added to 
allow HUD to receive effective representation during litigation (such 
as to the Department of Justice). Routine Use (7) was added to fulfill 
responsibilities in in 5 U.S.C. 552(h), to review administrative agency 
policies. Routine Use (7) was added to allow for contractor support.
    4. Policies and Practices for Retrieval of Records: Removed the 
``submission ID'' and replaced it with ``Social Security Number''. 
Submission ID brings up the 2530 submission whereas if you must 
retrieve individuals, you should use SSN.

SYSTEM NAME AND NUMBER:
    Active Partners Performance System (APPS), HUD/MFH-01.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    HUD Headquarters at 451 Seventh Street SW, Room 6176, Washington, 
DC 20410-0001. APPS is maintained and backed up on servers housed at 
the National Center for Critical Information Processing and Storage 
located at 9325 Cypress Loop Road, Stennis Space Center, MS 39529.

SYSTEM MANAGER:
    Devasia Karimpanal, Program Specialist, Office of Housing, Business 
Relationships and Support Contracts Division, HUD Headquarters, 451 7th 
Street SW, Rm. 6176, Washington, DC 20410-0001, telephone number (202) 
402-7682.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 7(d), Department of Housing and Urban Development Act, 79 
Stat. 670, (42 U.S.C. 3535(d)). HUD is authorized to collect the Social 
Security Number (SSN) by section 165(a) of the Housing and Community 
Development Act of 1987, Public Law 100-242 (42 U.S.C. 3543).

PURPOSES OF THE SYSTEM:
    APPS automates the submission and review of HUD previous 
participation certification process (Form HUD-2530), which initiates 
the review and approval process for industry entities who would 
participate in a HUD project. The data collected through the HUD-2530 
process is used by HUD employees to assess applicant's suitability to 
participate in HUD projects considering their track record in carrying 
out financial, legal, and contractual obligations in previous projects, 
in a satisfactory and timely manner. An approved HUD-2530 is a 
prerequisite for industry partners to participate in HUD projects. APPS 
contains data concerning principal participants in multifamily housing 
projects, including their previous participation with HUD or other 
housing agencies. APPS also tracks non-compliance of multifamily 
project participants' by flagging the participants for non-compliance 
with regulatory and contractual agreements. Flags are used to evaluate 
the risk of the participants prior to approval for future 
participation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    General public who participate in HUD multifamily/healthcare 
programs as owners, general contractors, management agents, 
consultants, facility operators and master tenants.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Contact Information: Full Name (first/last), Social Security 
Number (SSN), Address (work/personal), telephone number (work/
personal), Email (work/personal) and Tax Identification Number (TIN). 
(2) Previous Participation Information: Social Security number (SSN), 
tax identification number (TIN), and entity type and their legal 
structure. (3) Project Level Information: Lists of prior HUD projects: 
Summary of financial, management, or operational difficulties with 
prior HUD projects (if any); indication of whether principals are or 
have been the subject of a government investigation; other information 
relevant to the standards for previous participation approval; minutes 
of deliberative meetings; flags and the reason for the flag on an 
external individual or company participant.

RECORD SOURCE CATEGORIES:
    Industry partners who are participating in the HUD project and 
their associates. The following internal application systems access 
APPS data from a shared repository/server:
     Integrated Real Estate Management System (iREMS).
     Web Access Security System (WASS).
     HUD-2530 eForms.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    (1) 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.
    (2) Data Breach Remediation Purposes Routine Use: To appropriate 
agencies, entities, and persons when (1) HUD suspects or has confirmed 
that there has been a breach of the system of records; (b) 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 (c) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with [the 
agency's] efforts to respond to the suspected or confirmed breach or to 
prevent, minimize, or remedy such harm.
    (3) Data Breach Assistance Routine Use: To another Federal agency 
or Federal entity, when HUD determines that information from this 
systems of record 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.
    (4) Disclosures for Law Enforcement Investigations Routine Uses: 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 and when such records, either alone or in 
conjunction with other information, indicate a violation or potential 
violation of law.
    (5) Court or Law Enforcement Proceedings Disclosure Routine Uses: 
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 and 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

[[Page 17508]]

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.
    (6) Office of Government Information Services Disclosure Routine 
Use: To the National Archives and Records Administration (NARA), 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.
    (7) Information Sharing Environment Disclosure Routine Uses: 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 records data elements considered relevant to 
accomplishing an agency function.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic Records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Name, SSN, and TIN.

POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
    Temporary. Maintain active office files for 2 years and then retire 
to the Federal Records Center. Destroy when 4 years old. HUD Records 
Disposition Schedule, Section 18, item 4(a). NARA Job No. NC1-207-79-3-
4(a).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to the system, storage, backup, and infrastructure equipment 
is monitored and by password and code identification card access and 
limited to authorized users.

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 rule for contesting the content of any record pertaining to the 
individual by the individual concerned is published in 24 CFR part 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: 81 FR 50000, Agency/Doc No: FR-5921-N-10, July 29, 2016.

LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2024-05100 Filed 3-8-24; 8:45 am]
BILLING CODE 4210-67-P