Notice2022-04715
Privacy Act of 1974; System of Records
Primary source
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Published
March 7, 2022
Effective
April 6, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
Line of Credit Controls System (LOCCS), an Office of the Chief Financial Officer (OCFO) system, is a disbursement and cash management system that services the funding needs of HUD's grant, loan, and subsidy clients. Under the Privacy Act of 1974, the Department of Housing and Urban Development, the Office of the Chief Financial Officer proposes to update the system of records titled, Line of Credit Controls System. This system of records allows the Department of Housing and Urban Development OCFO's LOCCS to collect and maintain records on grantees. Because of a review of this system, information has been updated within the System Location section of the SORN and the authorities to collect information for LOCCS has been updated. This notice replaces the notice HUD published on December 8, 2021 at 86 FR 69673.
Full Text
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<title>Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)</title>
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[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12717-12719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04715]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7046-C-10]
Privacy Act of 1974; System of Records
AGENCY: Office of the Chief Financial Officer, HUD.
ACTION: Notice of a modified system of records; correction.
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SUMMARY: Line of Credit Controls System (LOCCS), an Office of the Chief
Financial Officer (OCFO) system, is a disbursement and cash management
system that services the funding needs of HUD's grant, loan, and
subsidy clients. Under the Privacy Act of 1974, the Department of
Housing and Urban Development, the Office of the Chief Financial
Officer proposes to update the system of records titled, Line of Credit
Controls System. This system of records allows the Department of
Housing and Urban Development OCFO's LOCCS to collect and maintain
records on grantees. Because of a review of this system, information
has been updated within the System Location section of the SORN and the
authorities to collect information for LOCCS has been updated. This
notice replaces the notice HUD published on December 8, 2021 at 86 FR
69673.
DATES: Applicable Date: This notice action shall be applicable
immediately, which will become effective April 6, 2022.
Comments will be accepted on or before: April 6, 2022.
ADDRESSES: You may submit comments, identified by docket number by one
of these methods:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#ef989898c19f9d86998e8c96af879a8bc1888099"><span class="__cf_email__" data-cfemail="5a2d2d2d742a28332c3b39231a322f3e743d352c">[email protected]</span></a>.
Mail: Attention: Privacy Office; Ladonne L. White; The Executive
Secretariat; 451 Seventh Street SW, Room 10139; Washington, DC 20410-
1001.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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). Individuals hearing- or speech-impaired may
access this telephone number via TTY by calling the Federal Relay
Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: The following are to be updated:
<bullet> The system location is being changed. LOCCS records are no
longer in South Charleston, WV. It is at HUD Headquarters; Microsoft
Azure Cloud US East Data Center. Microsoft is responsible for securing
their data center per FedRAMP requirements.
<bullet> Routine uses previously included by reference are not
explicitly listed in the SORN. This change adds no new routine uses,
but merely reorganizes them. The routine uses included by reference to
HUD's Appendix I are now explicitly listed.
<bullet> Remove instances of Program Accounting System (PAS)
because it has been decommissioned. A new module has been added to
LOCCS. LOCCS incorporated the entire Program Accounting System (PAS)
functionality in this new Award Funding module. PAS users now access
LOCCS to perform their daily tasks in the LOCCS Award Funding Module.
However, no new Personally Identifiable Information (PII) is being
collected, stored, maintained, or disclosed because of the PAS module
being incorporated. Social Security Numbers have been removed from the
system.
<bullet> Authority for Maintenance of the System: Replace ``Sec.
113 of the Budget and Accounting Act of 1951 (31 U.S.C. 66a)'' with
``31 U.S.C. 3511''.
<bullet> Updated Categories of Individuals Covered by System.
<bullet> Updated Policies and Practices for Retention and Disposal
of Records.
<bullet> Slight changes to the Record Access Procedures, Contesting
Records Procedures, and Notification Procedures sections have been
made. Minor non-substantive changes have been made to these sections to
more accurately describe HUD's practices for accessing, contesting, and
notifying.
SYSTEM NAME AND NUMBER:
Line of Credit Control System (LOCCS, A67).
SECURITY CLASSIFICATION:
Sensitive but Unclassified.
SYSTEM LOCATION:
HUD Headquarters, 451 7th Street SW, Washington, DC 20410 and
Microsoft Azure Cloud US East Data Center.
SYSTEM MANAGER(S):
Sairah Ijaz, Assistant Chief Financial Officer for Systems, Office
of the Chief Financial Officer, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 3100, Washington, DC 20410.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
<bullet> 31 U.S.C. 3511.
<bullet> The Chief Financial Officers Act of 1990 (31 U.S.C. 901,
et seq.).
<bullet> Executive Order 9397, as amended by Executive Order 13478.
<bullet> Housing and Community Development Act of 1987, 42 U.S.C.
3543.
PURPOSES OF THE SYSTEM:
The system is to process and make grant, loan, and subsidy
disbursements. LOCCS ensures that payments are made promptly thus
achieving efficient cash management practices. It creates accounting
transactions with the appropriate accounting classification elements to
correctly record disbursements and collections to the grant/project
level subsidiary.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The Privacy Act allows HUD to disclose records from its systems of
records to appropriate agencies, entities, and persons as a routine
use, when the disclosure is compatible with the purpose for which the
records were collected. The routine use statements and their conditions
for disclosure are categorized below. The records maintained in this
system may also be maintained for other purposes in another system or
systems. In such cases, the routine uses for that system or those
systems will apply.
(1) General Service Administration Information Disclosure Routine
Use:
To the National Archives and Records Administration (NARA) and the
General Services Administration (GSA) for records having sufficient
historical or other value to warrant its continued preservation by the
United States Government, or for inspection under authority of Title
44, Chapter 29, of the United States Code.
(2) Congressional Inquiries Disclosure Routine Use:
To a congressional office from the record of an individual, in
response to
[[Page 12718]]
an inquiry from the congressional office made at the request of that
individual.
(3) Health and Safety Prevention Disclosure Routine Use:
To appropriate Federal, State, and local governments, or persons,
under showing compelling circumstances affecting the health or safety
or vital interest of an individual or data subject, including assisting
such agencies or organizations in preventing the exposure to or
transmission of a communicable or quarantinable disease, or to combat
other significant public health threats, if upon such disclosure
appropriate notice was transmitted to the last known address of such
individual to identify the health threat or risk.
(4) Prevention of Fraud, Waste, and Abuse Disclosure Routine Use:
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) Research and Statistical Analysis Disclosure Routine Uses:
(a) 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, or cooperative agreement, when necessary to
accomplish an agency function, related to a system of records, for
statistical analysis and research supporting 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.
(b) To a recipient who has provided the agency with advance,
adequate written assurance that the record provided from the system of
records will be used solely for statistical research or reporting
purposes. Records under this condition will be disclosed or transferred
in a form that does not identify an individual.
(6) Information Sharing Environment Disclosure Routine Uses:
To contractors, grantees, experts, consultants and their agents, or
others performing or working under a contract, service, grant, or
cooperative 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. Individuals provided information
under these routine use conditions are subject to Privacy Act
requirements and disclosure limitations imposed on the Department.
(7) Data Testing for Technology Implementation Disclosure Routine
Use:
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.
(8) Data Breach Remediation Purposes Routine Use:
(a) To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed there has breached the system of records; (2)
HUD has determined that because of the suspected or confirmed breach
there is a risk of harm to individuals, HUD, the Federal Government, or
national security; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist with HUD's
efforts to respond to the suspected or confirmed breach to prevent,
minimize, or remedy such harm.
(b) 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) Disclosures for Law Enforcement Investigations Routine Uses:
(a) 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 when such records, either alone or in conjunction with other
information, indicate a violation or potential violation of law.
(10) Court or Law Enforcement Proceedings Disclosure Routine Uses:
(a) 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; 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.
Disclosures made pursuant to this routine use are limited to when HUD
determines that use of such records is relevant and necessary to the
litigation, provided, however, that in each case, HUD determines that
the disclosure of the records is a use of the information contained in
the records that is compatible with the purpose for which the records
were collected.
(11) Department of Justice for Litigation Disclosure Routine Use:
To the Department of Justice (DOJ) when seeking legal advice for a
HUD initiative or in response to DOJ's request for the information,
after either HUD or DOJ determine that such information relates to
DOJ's representatives of the United States or any other components in
legal proceedings before a court or adjudicative body, provided that,
in each case, the agency also determines before disclosure that
disclosure of the records to DOJ is a use of the information in the
records that is compatible with the purpose for which HUD collected the
records. HUD on its own may disclose records in this system of records
in legal proceedings before a court or administrative body after
determining that disclosing the records to the court or administrative
body is a use of the information in the records that is compatible with
the purpose for which HUD collected the records.
(12) The U.S. Treasury Disclosure Routine Use:
[[Page 12719]]
To the U.S. Treasury for transactions such as disbursements of
funds and related adjustments;
(13) The Internal Revenue Service Routine Use:
To the IRS for reporting payments for goods and services and for
reporting of discharge indebtedness;
Disclosure to Consumer Reporting Agencies:
Disclosures under 5 U.S.C. 552a(b)(12). Disclosures may be made
from the system to consumer reporting agencies as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims
Collection Act of 1966, 31 U.S.C. 3701(a)(3)). The disclosure is
limited to information to establish the identity of the individual,
including name, social security number, and address; the amount,
status, history of the claim, and the agency or program under which the
claim arose solely to allow the consumer reporting agency to prepare a
credit report.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic files are stored on servers. Paper printouts or original
input documents are stored in locked file cabinets at HUD or as imaged
documents on magnetic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by business partner name, tax ID number,
schedule number, voucher number, and contract number.
POLICIES AND PRACTICIES FOR RENTENTION AND DISPOSAL OF RECORDS:
General Records Schedule 1:1; Financial Management and Reporting
Records. This schedule covers records created by Federal agencies in
carrying out the work of financial management. Temporary. Destroy 6
years after final payment or cancellation, but longer retention is
authorized if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
All HUD employees have undergone background investigations. HUD
buildings are guarded and monitored by security personnel, cameras, ID
checks, and other physical security measures. Access is restricted to
authorized personnel or contractors whose responsibilities require
access. System users must take the mandatory security awareness
training annually as mandated by the Federal Information Security
Modernization Act (FISMA) (44 U.S.C. 3541, et seq.). Users must also
sign a Rules of Behavior form certifying that they agree to comply with
the requirements before they are granted access to the system. LOCCS
resides on the Microsoft Azure Cloud, a FedRAMP certified
Infrastructure-as-a-Service (IaaS). The system is limited to those with
a business need to know. LOCCS Authorizing Officials authorize LOCCS
access for users, and OCFO ensures the user is eligible for access
(e.g., suitability, System Security Administrator approval), which
allow for segregation of duties. Also, system user recertifications is
conducted semi-annually for external users and quarterly for internal
users.
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).''
CONTESTING RECORD PROCEDURES:
The HUD rule for accessing, contesting, and appealing agency
determinations by the individual concerned are published in 24 CFR part
16 or may be obtained from the system manager.
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:
[Docket No. FR-5763-N-03]
LaDonne L. White,
Chief, Privacy Officer.
[FR Doc. 2022-04715 Filed 3-4-22; 8:45 am]
BILLING CODE 4210-67-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.