[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Notices]
[Pages 57481-57483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22505]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7106-N-10]
Privacy Act of 1974; System of Records
AGENCY: Office of Single Family Program, 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) is
issuing a public notice of its intent to modify the Office of Single-
Family Program Development Privacy Act system of records ``Credit Alert
Verification Reporting System (CAIVRS).'' This System of Records Notice
(SORN) is being modified to update the system location, categories of
record, authority for maintenance of the system, and record source
categories. The updates are explained in the SUPPLEMENTARY INFORMATION
section of this notice.
DATES: Comments will be accepted on or before January 12, 2026. 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; Shalanda Capehart, Acting 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: Shalanda Capehart; 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 is modifying the system of records
notice (SORN) for the Credit Alert Verification Reporting System
(CAIVRS).
i. The ``System Location'' section has been updated to include
Microsoft Azure Federal Cloud.
ii. The ``Categories of Record'' section has been revised to
accurately reflect CAIVRS data components. The following data elements
in the previously published SORN are not contained in CAIVRS and have
been removed: Full Name, Date of Birth, Email Address, Work Address,
Home Address, Mother's Maiden Name, and FHA Case Number. Social
Security Number, Taxpayer ID Number, and Employer Identification Number
comprise all current data elements within CAIVRS and remain as
categories of records.
iii. The ``Authority for Maintenance'' section has been updated for
accuracy. The following authorities have been removed: the Budget and
Accounting Acts of 1921 and 1950, as amended; the Debt Collection Act
of 1982, as amended; the Deficit Reduction Act of 1984, as amended, and
the Debt Collection Improvement Act of 1996, as amended.
iv. The ``Record Source Categories'' have been revised to
accurately reflect the data interfaces with CAIVRS, and to list the
agencies from which record sources originate.
SYSTEM NAME AND NUMBER:
Credit Alert Verification Reporting System (CAIVRS)--HUD/HOU-04.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
CAIVRS is located and operated at NASA's John C. Stennis Space
Flight Center, located at 1100 Balch Boulevard, Stennis Space Center,
MS 39529-0001, and Microsoft Azure Federal Cloud, US East Data Center
in One Microsoft Way, Redmond, Washington 98052-6399.
SYSTEM MANAGER(S):
C. Brian Faux, Director, Office of Single-Family Program
Development, United States Department of Housing and Urban Development,
451 7th St. SW, Washington, DC 20410-1000; Phone (202) 674-9348; Email:
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 203, National Housing Act, Public Law 73-479 (12 U.S.C.
1709); Section 255, National Housing Act, Public Law 73-479 (12 U.S.C.
1701z-20); Section 165, Housing and Community Development Act of 1987,
Public Law 100-242 (42 U.S.C. 3543); Section 31001, Debt Collection Act
of 1996 as amended, Public Law 104-134 (31 U.S.C. 7701); Section 31001,
Debt Collection Act of 1996 as amended, Public Law 104-134 (31 U.S.C.
3720B); and Office of Management and Budget (OMB) Circulars A-129
(Policies for Federal Credit Programs and Non-Tax Receivables).
PURPOSES(S) OF THE SYSTEM:
The purpose of CAIVRS is to ensure participating Federal agencies
and their authorized lenders will comply with the legal requirement to
verify individuals applying for a federally backed loan, or other aid,
are not presently delinquent on another Federal obligation. CAIVRS is a
shared, inter-agency database managed by HUD where participating
agencies are required to report delinquent federal debt.
[[Page 57482]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual borrowers who have applied for Federal housing loans and
have fallen delinquent.
CATEGORIES OF RECORDS IN THE SYSTEM:
Social Security Numbers, Taxpayer ID Numbers, and Employer
Identification Numbers.
RECORD SOURCE CATEGORIES:
A43C-SF Insurance System--Claims Subsystem, F71--Debt Collection
and Asset Management System--Title I, F71A--Debt Collection and Asset
Management System--Generic Debt, A75R--Financial Data Mart, P278--
Lender Electronic Assessment Portal, DOJ--Department of Justice, SBA--
Small Business Administration, USDA--United States Department of
Agriculture, ED--Department of Education, VA--Department of Veterans
Affairs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
(1) 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) To Federal, State, and local agencies, their employees, and
agents to conduct computer matching programs as regulated by the
Privacy Act of 1974, as amended (5 U.S.C. 552a).
(3) 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; or (4) for the purpose of establishing or verifying the
eligibility of, or continuing compliance with statutory and regulatory
requirements by, applicants for, recipients or beneficiaries of,
participants in, or providers of services with respect to, cash or in-
kind assistance or payments under Federal benefits programs or
recouping payments or delinquent debts under such Federal benefits
programs. Records under this routine use may be disclosed only to the
extent the information shared is necessary and relevant to verify pre-
award and prepayment requirements before the release of Federal funds
or 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.
(4) 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, to otherwise support the
Department's mission, or for other research and statistical purposes
not otherwise prohibited by law or regulation. 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.
(5) 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.
(6) To contractors, experts, and consultants with whom HUD has a
contract, service agreement, or other assignment of the Department,
when necessary to utilize data to test new technology and systems
designed to enhance program operations and performance.
(7) 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.
(8) 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.
(9) To appropriate Federal, State, local, tribal, or 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 help to enforce civil or criminal
laws and when such records, either alone or in conjunction with other
information, indicate a violation or potential violation of law.
(10) To a court, magistrate, administrative tribunal, or arbitrator
while presenting evidence, including disclosures to opposing counsel or
witnesses in 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.
(11) 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
[[Page 57483]]
likely to affect HUD or any of its components.
(12) To match system users for security purposes. User-provided PII
may be shared with HUD departmental enforcement offices and other
Federal, state, local or tribal law enforcement agencies if there is
reason to believe that a user provided false information to obtain
access to the system, and that providing such information would help
enforce civil or criminal laws.
(13) To the United States Department of Veterans Affairs (VA), to
pre-screen applicants to determine if they are presently delinquent on
any Federal debt reported by a participating agency, and to determine
if they are eligible for a new federally backed loan or grant.
(14) To the United States Small Business Administration (SBA) to
pre-screen applicants to determine if they are presently delinquent on
any Federal debt reported by a participating agency, and to determine
if they are eligible for a new federally backed loan or grant.
(15) To the United States Department of Education to pre-screen
applicants to determine if they are presently delinquent on any Federal
debt reported by a participating agency, and to determine if they are
eligible for a new federally backed loan or grant.
(16) To the United States Department of Agriculture (USDA) to pre-
screen applicants to determine if they are presently delinquent on any
Federal debt reported by a participating agency, and to determine if
they are eligible for a new federally backed loan or grant.
(17) To the United States DOJ to pre-screen applicants to determine
if they are presently delinquent on any Federal debt reported by a
participating agency, and to determine if they are eligible for a new
federally backed loan or grant.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic only.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Social Security Numbers, Taxpayer ID Numbers, and Employer
Identification Numbers.
POLICIES AND PRACTICIES FOR RENTENTION AND DISPOSAL OF RECORDS:
All records related to Federal Housing Administration (FHA)
Mortgage Credit Alert report will be destroyed according to HUD
Schedule Appendix 20 Single Family Home Mortgage Records, item 13B6
which states the following, destroyed when superseded or obsolete.
All records related to FHA Mortgage Credit Verification will be
destroyed according to HUD Schedule Appendix 5 Technical Support
Records, item 7 which states the following, destroy when superseded or
obsolete.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
CAIVRS and its data are located on centralized servers within
Federal facilities with access control in place. Physical controls
include cypher and combination locks, key card-controlled access,
security guards, closed circuit TV, identification badges, and safes.
Administrative controls include encryption of back-up data, back-ups
secured off-site, methods to ensure only authorized users have access
to PII, periodic security audits, and regular monitoring of system
users' behavior. Technical controls include encryption of Data at Rest
and in Transit, firewalls at HUD and each reporting agency, role-based
access controls, user IDs and passwords, Least Privileged access,
elevated and/or administrative privileged access, PIV cards, intrusion
detection systems. Additional measures to safeguard the system include
role-based Privacy Act training required for HUD personnel responsible
for CAIVRS system program management, IT security monitoring by the
Department of Housing and Urban Development and the Department of
Homeland Security.
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:
N/A.
HISTORY:
Docket No. FR-7077-N-16, 88 FR 58595, August 28, 2023.
Shalanda Capehart,
Acting Chief Privacy Officer, Office of Administration.
[FR Doc. 2025-22505 Filed 12-10-25; 8:45 am]
BILLING CODE 4210-67-P