License for the Use of Personally Identifiable Information Protected Under the E-Government Act of 2002, Title V and the Privacy Act of 1974

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
30-day Notice Data License.pdf	Supplementary Document	Uploaded 2024-07-23	Repair queued
Final - 2528-0297_Supporting Statement PartA.docx	Supporting Statement A	Uploaded 2024-07-17	Repair queued
60-Day Notice License for the Use of Personally Identifiable Information Protected Under the E-Government Act of 2002, Title V and the Privacy Act of 1974.pdf	Supplementary Document	Uploaded 2024-05-22	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
269485	Data Destruction Certification Form	Other-Data Destruction Certification Form	New
269484	Affidavit of Nondisclosure	Other-Affidavit of Nondisclosure	New
269483	Data License Agreement	Other-Data License Agreement	New
269482	Application for Data License	Other- Application for Data License	New
223754	Recordkeeping	Other-Application	Removed
223752	Final Reports	Other-Application	Removed
223751	Annual Reports	Other-Application	Removed
206961	Applicants	Other-Affidavit of Nondisclosure	Removed

ICR Details

OMB Control No: 2528-0297	ICR Reference No: 202402-2528-001
Status: Received in OIRA	Previous ICR Reference No: 201909-2528-001
Agency/Subagency: HUD/PD&R	Agency Tracking No:
Title: License for the Use of Personally Identifiable Information Protected Under the E-Government Act of 2002, Title V and the Privacy Act of 1974
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/25/2024

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	81	0
Time Burden (Hours)	43	0
Cost Burden (Dollars)	0	0

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Abstract: The United States Department of Housing and Urban Development (HUD) collects and maintains personally identifiable information on tenants in public and assisted housing, the confidentiality of which is protected by the Privacy Act of 1974 (5 U.S.C. 552a). On occasion, HUD shares this information with researchers subject to stringent requirements to protect these households from unauthorized disclosure of information. The purpose for sharing is to further policy-relevant research on the effectiveness of HUD programs. HUD may, under the terms of the Routine Uses published in its various System of Records Notices, share these data with researchers whom HUD has awarded contracts, grants, service agreements, or other agreements. HUD has shared data with contractors and grantees and will continue to share data under service agreements because it has a legal form for effectuating such an agreement. HUD does not limit access to the information to parties that have received specific funding to carry out a study through a grant or contract. Instead, HUD also shares the data with legitimate research organizations that have conceived policy-relevant analyses and that are able and willing to protect the data from unauthorized disclosure. The legal form for the service agreement is herein called a “license.” HUD will continue making the data available for statistical, research, or evaluation purposes to organizations qualified and capable of research and analysis consistent with the statistical, research, or evaluation purposes for which the data were provided or are maintained, but only if the data are used and protected in accordance with the terms and condition stated in the license, upon receipt of such assurance of qualification and capability, and it is agreed by the organization requesting such information and HUD. All data containing personally identifiable information maintained by HUD that are provided the Licensee and all information derived from that data, and all data resulting from mergers, matches, or other uses of the data provided by HUD with other data are subject to the License and are referred to in this License as subject data. Subject data under this License may be in the form of CD-ROMs, electronic data, hard copy, etc. The Licensee may only use the subject data in a manner and to purpose consistent with the statistical, research, or evaluation purpose for which the data are maintained. All subject data that include personally identifiable information are protected under the Privacy Act and may be used only for statistical, research, or evaluation purposes consistent with the purposes for which the data was collected and or is maintained. This ICR includes four requirements that may result in burden on the public: • Application for Data License- Interested parties must complete and submit a Data License Application for HUD review and consideration. • Data License Agreement- Approved applicants will be required to complete a Data License Agreement. • Affidavit of Nondisclosure- All researchers associated with an approved applicant who will be granted access to data must complete an Affidavit of Nondisclosure. • Data Destruction Certification Form- At the conclusion of each project, the research institution must attest to the destruction of all personally identifiable information received from HUD under the data license agreement. The authority to collect information is in Sections 501 and 502 of the Housing and Urban Development Act of 1970 (Public Law 91-609) (12 U.S.C. §§ 1701z-1; 1701z-2(d) and (g)) and Routine Use Inventory (77 FR 17361). The relevant section of HUD’s statutory authority is included as part of this ICR.

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Authorizing Statute(s): US Code: 12 USC 1701z Name of Law: Research and Demonstrations
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 17864	03/12/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 59143	07/22/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

table that charts list of burden

IC Title	Form No.	Form Name
Application for Data License
Affidavit of Nondisclosure
Annual Reports
Applicants
Data Destruction Certification Form
Data License Agreement
Final Reports
Recordkeeping

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ICR Summary of Burden

table that charts list of burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	81	0	0	-25	0	106
Annual Time Burden (Hours)	43	0	0	-63	0	106
Annual Cost Burden (Dollars)	0	0	0	-4,160	0	4,160

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This ICR includes four requirements that may result in burden on the public: • Application for Data License- Interested parties must complete and submit a Data License Application for HUD review and consideration. • Data License Agreement- Approved applicants will be required to complete a Data License Agreement. • Affidavit of Nondisclosure- All researchers associated with an approved applicant who will be granted access to data must complete an Affidavit of Nondisclosure. • Data Destruction Certification Form- At the conclusion of each project, the research institution must attest to the destruction of all personally identifiable information received from HUD under the data license agreement.

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Annual Cost to Federal Government: $1,102

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/25/2024

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