Notice2024-01768
Privacy Act of 1974; System of Records
Primary source
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Published
January 30, 2024
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.
Full Text
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<title>Federal Register, Volume 89 Issue 20 (Tuesday, January 30, 2024)</title>
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[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5923-5925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01768]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7092-N-13]
Privacy Act of 1974; System of Records
AGENCY: Office of the Chief Financial Officer (OCFO), HUD.
ACTION: Notice of a modified system of records.
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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.
DATES: Comments will be accepted on or before February 29, 2024. 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 by one
of these methods:
Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://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#512626267f21233827303228113924357f363e27"><span class="__cf_email__" data-cfemail="f5828282db85879c8394968cb59d8091db929a83">[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="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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). 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 <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
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
[[Page 5924]]
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
PURPOSE(S) 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:
Section 8 Contract Administrators (S8CA) and grant recipients
(excludes Section 8 Voucher Program).
CATEGORIES OF RECORDS IN THE SYSTEM:
Vendor name, Vendor Number (e.g. EIN, SSN, or TIN), address, DUNS,
Banking Account/Routing numbers, and financial data.
RECORD SOURCE CATEGORIES:
Section 8 Contract Administrators and grant recipients provide data
to Ft. Worth Accounting Center to enter LOCCS.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES
(1) 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) 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 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) 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) (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) 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) 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) (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.
(9) 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.
(10) 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.
(11) 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
[[Page 5925]]
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.
(12) 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.
(13) To the U.S. Treasury for transactions such as disbursements of
funds and related adjustments;
(14) To the IRS for reporting payments for goods and services and
for reporting of discharge indebtedness;
(15) 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 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 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 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: 87 FR 50640.
LaDonne L. White,
Chief, Privacy Officer.
[FR Doc. 2024-01768 Filed 1-29-24; 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.