[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4482]
[Federal Register: February 28, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 16
[Docket No. R-94-1669; FR-3436-F-02]
RIN 2501-AB60
Exemption of System of Records Under Privacy Act of 1974
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule exempts a new system of records entitled
``Tenant Eligibility Verification Files'' from compliance with the
applicable provisions of the Privacy Act. This additional exemption is
necessary because on July 12, 1993, the Department created a new system
of records entitled ``HUD/PIH-1. Tenant Eligibility Verification
Files'' to add to the Privacy Act system of records.
EFFECTIVE DATE: March 30, 1994.
FOR FURTHER INFORMATION CONTACT: David L. Decker, Director, Computer
Matching Activities Division, Office of the Public and Indian Housing
Comptroller, Room 4122, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone (202) 708-
0099. Hearing or speech-impaired individuals may call HUD's TDD number
(202) 708-0850. (These telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
I. Background
Except for the Office of Inspector General, the Department's
implementation of the Privacy Act (5 U.S.C. 552a) is set forth in 24
CFR part 16. (The implementation of the Privacy Act for the Office of
Inspector General appears in 24 CFR part 2003). The implementation of
the Privacy Act includes the publication of a system of records which
are exempt from certain requirements of the Privacy Act, as determined
by the Secretary under the specific exemption authority of the Act, 5
U.S.C. 552a(k). The specific exemption provision of the Privacy Act
authorizes exemption for systems of records from many of the notice and
access requirements of the Privacy Act, but does not affect the
applicability of the remaining Privacy Act requirements. The
Department's specific exemptions appear at 24 CFR 16.15.
The establishment of a new system of records on July 12, 1993 (58
FR 37600), entitled ``HUD/PIH-1. Tenant Eligibility Verification
Files,'' and this rule are necessary as a result of the recent transfer
of computer matching/tenant eligibility verification functions from the
Office of Inspector General to the Assistant Secretary for Public and
Indian Housing. (The transfer affects only housing assistance programs
administered by the Assistant Secretary for Public and Indian Housing.)
The tenant records and other records referenced in the new ``Tenant
Eligibility Verification Files'' system of records notice were
previously included in the ``Investigative Files of the Office of the
Inspector General'' (HUD/OIG-1, see 57 FR 25070). The Assistant
Secretary for Public and Indian Housing will be adding records to the
final new system based on computer matching results and verification of
those results with tenant case files and records supplied by Federal
agencies and private employers.
This final rule also makes changes to Sec. 16.15 to clarify the
scope of the exemptions applicable to the Assistant Secretary for
Public and Indian Housing's system of records entitled ``Tenant
Eligibility Verification Files,'' and provides reasons for the
exemptions from particular subsections of the Privacy Act that are more
detailed than those currently found at 24 CFR 16.15.
II. Discussion of Public Comments From Proposed Rule
On July 12, 1993 (58 FR 37598), the Department published a proposed
rule which would exempt the new system of records entitled ``Tenant
Eligibility Verification Files'' from compliance with applicable
provisions of the Privacy Act. The Department received one public
comment from a public housing agency in response to this proposed rule.
The commenter stressed the need to protect a tenant's privacy, and
urged strenuous penalties to prevent misuse of the new system of
records. The Department agrees that it is extremely important to
prevent the misuse of confidential material concerning a tenant.
However, the Department does not believe any changes to the final rule
are necessary because both the Privacy Act and the Computer Matching
and Privacy Protection Act of 1988 provide sufficient safeguards to
protect against the unlawful disclosure of material concerning a tenant
from this Privacy Act system of records.
III. Other Matters
A. Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations,
the policies and procedures in this document are determined not to have
the potential of having a significant impact on the quality of the
human environment, and, therefore, are categorically excluded from the
requirements of the National Environmental Policy Act of 1969.
Accordingly, a Finding of No Significant Impact is not required.
B. Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities because the rule only affects
the way the Department implements the Privacy Act.
C. Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
States or their political subdivisions, or the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the rule is not subject to review under the order. Specifically, the
requirements of this rule are directed to the Department of Housing and
Urban Development, and do not impinge upon the relationship between the
Federal Government and State and local governments.
D. Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this final rule does not
have potential for significant impact on family formation, maintenance,
and general well-being, and, thus, is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule, as those policies and programs
relate to family concerns.
E. Regulatory Agenda
This final rule was listed as item no. 1444 in the Department's
Semiannual Agenda of Regulations published on October 25, 1993 (58 FR
56402, 56410) in accordance with Executive Order 12291 and the
Regulatory Flexibility Act.
List of Subjects in 24 CFR Part 16
Privacy.
Accordingly, 24 CFR part 16 is amended to read as follows:
PART 16--IMPLEMENTATION OF THE PRIVACY ACT OF 1974
1. The authority citation for part 16 is revised to read as
follows:
Authority: 5 U.S.C. 552(a); 42 U.S.C. 3535(d).
2. Section 16.15 is amended by adding new paragraphs (c) and (d) as
follows:
Sec. 16.15 Specific exemptions.
* * * * *
(c) The system of records entitled ``HUD/PIH-1. Tenant Eligibility
Verification Files'' consists in part of investigatory material
compiled for law enforcement purposes. Relevant records will be used by
appropriate Federal, state or local agencies charged with the
responsibility for investigating or prosecuting violations of law.
Therefore, to the extent that information in the system falls within
the coverage of subsection (k)(2) of the Privacy Act, 5 U.S.C.
552a(k)(2), the system is exempt from the requirements of the following
subsections of the Privacy Act, for the reasons stated below.
(1) From subsection (c)(3) because release of an accounting of
disclosures to an individual who may be the subject of an investigation
could reveal the nature and scope of the investigation and could result
in the altering or destruction of evidence, improper influencing of
witnesses, and other evasive actions that could impede or compromise
the investigation.
(2) From subsection (d)(1) because release of the records to an
individual who may become or has become the subject of an investigation
could interfere with pending or prospective law enforcement
proceedings, constitute an unwarranted invasion of the personal privacy
of third parties, reveal the identity of confidential sources, or
reveal sensitive investigative techniques and procedures.
(3) From subsection (d)(2) because amendment or correction of the
records could interfere with pending or prospective law enforcement
proceedings, or could impose an impossible administrative and
investigative burden by requiring the office that maintains the records
to continuously retrograde its verifications of tenant eligibility
attempting to resolve questions of accuracy, relevance, timeliness and
completeness.
(4) From subsection (e)(1) because it is often impossible to
determine relevance or necessity of information in pre-investigative
early stages. The value of such information is a question of judgment
and timing; what appears relevant and necessary when collected may
ultimately be evaluated and viewed as irrelevant and unnecessary to an
investigation. In addition, the Assistant Secretary for Public and
Indian Housing, or investigators, may obtain information concerning the
violation of laws other than those within the scope of its
jurisdiction. In the interest of effective law enforcement, the
Assistant Secretary for Public and Indian Housing, or investigators,
should retain this information because it may aid in establishing
patterns of unlawful activity and provide leads for other law
enforcement agencies. Further, in obtaining the evidence, information
may be provided which relates to matters incidental to the main purpose
of the inquiry or investigation but which may be pertinent to the
investigative jurisdiction of another agency. Such information cannot
readily be identified.
(d) The system of records entitled ``HUD/PIH-1. Tenant Eligibility
Verification Files'' consists in part of material that may be used for
the purpose of determining suitability, eligibility, or qualifications
for Federal civilian employment or Federal contracts, the release of
which would reveal the identity of a source who furnished information
to the Government under an express promise that the identity of the
source would be held in confidence. Therefore, to the extent that
information in this system falls within the coverage of subsection
(k)(5) of the Privacy Act, 5 U.S.C. 552a(k)(5), the system is exempt
from the requirements of the following subsection of the Privacy Act,
for the reasons stated below.
(1) From subsection (d)(1) because release would reveal the
identity of a source who furnished information to the Government under
an express promise of confidentiality. Revealing the identity of a
confidential source could impede future cooperation by sources, and
could result in harassment or harm to such sources.
Dated: February 15, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-4482 Filed 2-25-94; 8:45 am]
BILLING CODE 4210-32-P
