[Federal Register: November 16, 2004 (Volume 69, Number 220)]
[Notices]
[Page 67158-67160]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no04-70]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4922-N-04]
Privacy Act of 1974; Establishment of a New System of Records
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notification of the establishment of a new system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5
U.S.C. 552a), as amended, the Department of Housing and Urban
Development (HUD) is giving notice that it proposes to establish a new
system of records entitled ``Compliance Investigation and Enforcement
Files (CIEF)'' that will be used in performing compliance assistance
and enforcement under the statutory jurisdiction of the Office of
Healthy Homes and Lead Hazard Control (OHHLHC), and in supporting other
administrative requirements related to the responsibilities of the
Office.
CIEF facilitates more timely, accurate processing and use of this
information to protect the health of children as well as to ensure
compliance with applicable Federal statutes and regulations. CIEF
contains: Residential property information; residential lease
information; associated owner and/or agent information; documents
related to lead-based paint and lead-based paint hazards, inspection
reports, risk assessment reports, clearance tests, and associated
disclosures and notifications; local housing code violation
information; number of child lead-poisoning reports for a property;
source of referral; and consent agreements and administrative
settlements, and the associated monitoring of these agreements. CIEF
also tracks the progress of the enforcement investigation.
System Security Measures: The integrity and availability of data in
CIEF are important. Much of the data needs to be protected from
unanticipated or unintentional modification. HUD restricts the access
of this information to HUD approved officials and its agents. In
addition, HUD has various system protocols in place to maintain data
integrity, including: Virus protection software; daily data backups;
and other documented procedures.
Vulnerabilities and corresponding security measures include: (1)
Unauthorized access is reduced by restricting access to specified user
identifications (User IDs) and passwords; and (2) during routine
checking, or upon valid request, inaccurate and incomplete data are
identified and corrected. Paper documents are stored in file cabinets
and are handled in accordance with standard HUD procedures.
Data Quality: Residential property and owner/agent information is
submitted to OHHLHC in electronic or paper format. CIEF will verify
whether
[[Page 67159]]
or not the information already exists in CIEF. If the property
information does exist in CIEF, but is actively associated with another
owner/agent, an error message will appear stating that the property, or
the property and owner/agent association currently exists in CIEF.
Information will be archived electronically for the database and
physically for paper records when an active case or consent decree is
closed or after seven years, whichever is earlier.
DATES: Effective Date: This proposal shall become effective without
further notice on December 16, 2004, unless comments are received on or
before that date which would result in a contrary determination.
Comments Due Date: December 16, 2004.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Rules Docket Clerk, Office of General Counsel, Room
10276, Department of Housing and Urban Development, 451 7th Street,
SW., Washington, DC 20410-0500. Communications should refer to the
above docket number and title. Comments submitted will be available for
public inspection and copying between 7:30 a.m. and 5:30 p.m. weekdays
at the above address.
FOR FURTHER INFORMATION CONTACT: For Privacy Act Information: Jeanette
Smith, Departmental Privacy Act Officer, telephone number (202) 708-
2374. For OHHLHC, Compliance Investigation and Enforcement Files,
Walter D. Wynn, telephone number (202) 755-1785, ext. 148. (These are
not toll-free numbers.) A telecommunications device for hearing and
speech-impaired persons (TTY) is available at 1-800-877-8339 (Federal
Information Relay Services). (This is a toll-free number.)
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, notice is given that HUD proposes to
establish a new system of records identified as HUD/OHHLH-1, the
Compliance Investigation and Enforcement Files (``CIEF'') of the Office
of Healthy Homes and Lead Hazard Control (OHHLHC).
Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be
afforded a 30-day period in which to comment on the new record systems.
The new system report was submitted to the Office of Management and
Budget (OMB), the Senate Committee on Government Reform and Oversight
and the House of Representatives Committee on Governmental Affairs
pursuant to paragraph 4c of Appendix 1 to OMB Circular No. A-130,
``Federal Responsibilities for Maintaining Records About Individuals,''
July 25, 1994, 59 FR 37914.
Accordingly, this notice establishes a new system of records and
accompanying routine uses to be created during the compliance
assistance and enforcement process in HUD's Office of Healthy Homes and
Lead Hazard Control.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: November 8, 2004.
Carolyn Cockrell,
Acting Chief Technology Officer.
HUD/OHHLHC-1
SYSTEM NAME:
Compliance Investigation and Enforcement Files of the Office of
Healthy Homes and Lead Hazard Control (``CIEF'').
SYSTEM LOCATION:
Headquarters.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals included in the system with respect to
residential properties include: Owners, managers, agents, and
landlords; potential purchasers; and prospective and actual tenants.
Categories of individuals included in the system with respect to
referrals of concerns include: tips or complaints that are not
anonymous, EPA, local government agencies (e.g., health departments and
building code enforcement agencies), not for profit organizations
interested in protecting the rights and health of tenants, and the HUD
Inspector General. Categories of individuals included in the system
with respect to investigation of properties include: HUD employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of the following information pertaining to the
owner, manager and agent: Name, title, address, telephone number, fax
number, e-mail address, company name, corporate registration number,
and corporate registered agent name. Records also include: Property
information, residential lease information, documents related to lead-
based paint and lead-based paint hazards, inspection reports, risk
assessment reports, clearance tests, and associated disclosures and
notifications, local housing code violation information, number of
child lead-poisoning reports for a property, source of referral,
consent agreements and administrative settlements, and the associated
monitoring of these agreements.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
HUD is charged with ensuring proper disclosure of information
concerning lead upon transfer of residential property, whether by sale
or lease, under 42 U.S.C. 4852(d). HUD has authority to promulgate
regulations to enforce the statutory requirements under 42 U.S.C.
4852d(a)(1) and (2). HUD's statutory authority to enforce its
regulations are found at 42 U.S.C. 4852d(a)(5) and (b). Additionally,
HUD is charged with establishing procedures to eliminate the hazards of
lead-based paint in any housing receiving Federal assistance under 42
U.S.C. 4822(a). 24 CFR part 35 contains the implementing regulations
promulgated pursuant to the statutes.
PURPOSES:
The primary purpose of CIEF is to enable OHHLHC to complete its
statutory responsibility to ensure compliance with the Lead Disclosure
Rule 24 CFR 35, subpart A, and the Lead Safe Housing Rule 24 CFR part
35, subparts B-R. The lead disclosure is to occur before a lessee or
buyer is obligated under a lease or sale agreement. The only way to
verify disclosure is to evaluate the documentation that memorializes
these transactions and the parties involved. Since knowledge is an
integral aspect of disclosure, any documentation regarding knowledge of
lead (e.g., lead-based paint inspections, lead-based paint inspections
risk assessments, hazard reduction activities, local abatement orders
or notices of code violations, etc.) is necessary for verifying what
and when the owner or his agent knew or should have known.
In the case of federally assisted housing, the owner or designated
party is required to perform some type of inspection and attendant
abatement action. The regulations require ongoing activities until all
lead-based paint is removed, including use of lead safe work practices
and notification of tenants regarding all of these activities.
If an OHHLHC investigation indicates a violation or potential
violation of the lead disclosure rule, relevant documents may be
disclosed to the appropriate Federal, state or local authority for
investigation or enforcement of the applicable laws and regulations. If
an OHHLHC investigation indicates a violation or potential violation of
the lead safe housing rule, relevant documents may be disclosed to the
appropriate program office or Enforcement Center for investigation or
enforcement of the applicable laws and regulations.
[[Page 67160]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under
subsection (b) of the Privacy Act of 1974, 5 U.S.C. 552a(b), records
may also be disclosed routinely to other users under the following
circumstances:
1. Records may be disclosed to individuals under contract,
cooperative agreement, or working agreement with HUD to assist the
Department in fulfilling its statutory lead disclosure
responsibilities.
2. Records may be disclosed during the course of an administrative
proceeding where HUD or other federal agency is a party, to the
Administrative Law Judge and the interested parties to the extent
necessary for conducting the proceeding.
3. Records may be disclosed to the Department of Justice for
litigation purposes associated with the representation of HUD or other
Federal agency before the courts.
4. Records may be disclosed to a confidential source to the extent
necessary to assist the Office of Inspector General in an
investigation.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored electronically in computers and in hard copy
format in file cabinets or other secure storage units.
RETRIEVABILITY:
Records may be retrieved by manual or computer search by the name
of the property owner, manager, or agent.
SAFEGUARDS:
Records are maintained in a secure computer network, and in locked
file cabinets in rooms with controlled access.
RETENTION AND DISPOSAL:
Information will be archived electronically for the database and
physically for paper records when an active case or consent is closed
or after seven years, whichever is earlier. Documents referred to HUD's
OIG will become part of the OIG Investigative Files. Records will be
retained and disposed of in accordance with the General Records
Schedule included in HUD Handbook 2228.2, appendix 14, items 21-26.
SYSTEM MANAGER AND ADDRESS:
Walter D. Wynn, Office of Healthy Homes and Lead Hazard Control,
451 7th Street, SW., Suite P-7110, Washington, DC 20410.
NOTIFICATION AND RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about them, or those seeking access to such
records, should address inquiries to the Project Manager of OHHLHC-
CIEF, U.S. Department of Housing and Urban Development, 451 7th Street,
SW., Suite P-7110, Washington, DC 20410. Written requests must include
the full name, current address, and telephone number of the individual
making the request, including a description of the requester's
relationship to the information in question. The System Manager will
accept inquiries from individuals seeking notification of whether the
system contains records pertaining to them.
CONTESTING RECORD PROCEDURES:
The procedures for requesting amendment or correction of records
appear in 24 CFR part 16. If additional information or assistance is
required, contact the Privacy Act Appeals Officer, Office of General
Counsel, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410.
RECORD SOURCE CATEGORIES:
Information may be collected from a wide variety of sources,
including from HUD, other Federal, state, Indian tribal, and local
agencies, program participants, subject individuals, complainants,
witnesses and other non-government sources.
EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. E4-3164 Filed 11-15-04; 8:45 am]
BILLING CODE 4210-27-P