Privacy Act; Notification of a New Privacy Act System of Records, Institution Master File (IMF), 42910-42912 [E9-20405]
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Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
purpose. A delay of the commencement
date is necessary to ensure that the
kiosks are fully operational.
DATES: The pilot program will
commence December 8, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Erin M. Martin via e-mail at
ERIN.Martin@dhs.gov.
On
December 18, 2008, U.S. Customs and
Border Protection (CBP) published a
Notice in the Federal Register (73 FR
77049), announcing that CBP is
establishing a new land-border exit
system for H–2A temporary workers,
starting on a pilot basis, at certain
designated ports of entry.1 This notice
was published concurrently and is in
accordance with a Final Rule published
by the Department of Homeland
Security (DHS) in the Federal Register
(73 FR 76891). The Final Rule
implements the pilot program by adding
8 CFR 215.9, which provides that an
alien admitted on an H–2A visa at a port
of entry participating in the Temporary
Worker Visa Exit Program must also
depart at the end of his or her
authorized period of stay through a port
of entry participating in the program
and present designated biographic and/
or biometric information upon
departure. As required by 8 CFR 215.9,
CBP published a Notice in the Federal
Register (73 FR 77049) designating H–
2A workers that enter the United States
at either the port of San Luis, Arizona
or the port of Douglas, Arizona, as
participants in the Temporary Worker
Visa Exit Program, who must depart
from one of those ports and submit
certain biographical and biometric
information at one of the kiosks
established for this purpose.
On December 19, 2008, CBP
published a Notice of Expansion of
Temporary Worker Visa Exit Program
Pilot To Include H–2B Temporary
Workers in the Federal Register (73 FR
77817), in line with the Final Rule
published concurrently by DHS in the
Federal Register (73 FR 78104).2 The
Final Rule expands the pilot program by
amending 8 CFR 215.9, to provide that
aliens admitted on an H–2B visa at a
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SUPPLEMENTARY INFORMATION:
1 The H–2A nonimmigrant classification applies
to aliens seeking to perform agricultural labor or
services of a temporary or seasonal nature in the
United States. Immigration and Nationality Act (Act
or INA) sec. 101(a)(15)(H)(ii)(a), 8 U.S.C.
1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2)
(designation for H–2A classification).
2 The H–2B nonimmigrant classification applies
to foreign workers coming to the U.S. temporarily
to perform temporary, non-agricultural labor or
services. Immigration and Nationality Act (Act or
INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b); see 8 CFR 214.1(a)(2)
(designation for H–2B classification).
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22:52 Aug 24, 2009
Jkt 217001
port of entry participating in the
Temporary Worker Visa Exit Program
must also depart at the end of his or her
authorized period of stay through a port
of entry participating in the program
and present designated biographic and/
or biometric information upon
departure. As required by 8 CFR 215.9,
as amended, CBP published a Notice in
the Federal Register (73 FR 77817) to
include H–2B workers in the Temporary
Worker Visa Exit Program at the ports of
San Luis, Arizona and Douglas, Arizona.
Pursuant to the Notices in the Federal
Register (73 FR 77049 and 73 FR 77817)
published by CBP containing all the
required elements referenced in 8 CFR
215.9, as amended, any alien that is
admitted on an H–2A or H–2B visa into
the United States at a designated port on
or after August 1, 2009, is subject to the
pilot program. However, in order to
ensure that the facilities necessary to
implement the pilot program are fully
operational and meet the needs of the
agency and the public, this notice
postpones the start date of the pilot
program. Accordingly, this notice
postpones the start of the pilot program
from August 1, 2009 to December 8,
2009.
Dated: August 20, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E9–20424 Filed 8–24–09; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5291–N–05]
Privacy Act; Notification of a New
Privacy Act System of Records,
Institution Master File (IMF)
AGENCY: Office of the Chief Information
Officer, HUD.
ACTION: Notification of a New Privacy
Act System of Records.
SUMMARY: The Department of Housing
and Urban Development HUD proposes
to amend one of its system of records
subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended. The proposed
new system of record is the IMF/F51.
The IMF System maintains a file of
institutions (Title I lenders and Title II
mortgagees) which have been approved
by the U.S. Department of Housing and
Urban Development (HUD) to
participate in the Departments Federal
Housing Administration (FHA)
Mortgage Insurance Programs. The
principal objective of the IMF is to
consolidate information on the approval
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Sfmt 4703
status of mortgagees and lenders
participating in FHA’s insurance
programs.
DATES: Effective Date: This action shall
be effective without further notice on
September 24, 2009 unless comments
are received that would result in a
contrary determination.
Comments Due Date: September 24,
2009.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice to the Rules Docket Clerk,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street, SW., Room 10276,
Washington, DC 20410–0500.
Communications should refer to the
above docket number and title. A copy
of each communication submitted will
be available for public inspection and
copying between 8 a.m. and 5:00 pm
weekdays at the above address.
FOR FURTHER INFORMATION CONTACT:
Donna Robinson-Staton, Departmental
Privacy Act Officer, 451 Seventh Street,
SW., Room 2256, Washington, DC
20410, Telephone Number (202) 402–
8047. (This is not a toll-free number.) A
telecommunication device for hearing
and speech-impaired individuals (TTY)
is available at (800) 877–8339 (Federal
Information Relay Service).
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 the Institution
Master File (IMF).
Title 5 U.S.C. 552a(e)(4) and (11)
provide that the public be afforded a 30day period in which to comment on the
new system of records.
The new system report was submitted
to the Office of Management and Budget
(OMB), the Senate Committee on
Governmental Affairs, and the House
Committee on Government Reform
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).
Authority: 5 U.S.C. 552a 88 Stat. 1896; 42
U.S.C. 3535(d).
Dated: August 14, 2009.
Jerry E. Williams,
Chief Information Officer.
HUD/HS/60
SYSTEM NAME:
Institution Master File (IMF).
SYSTEM LOCATION:
The system is physically housed in a
government-owned building (i.e., the
U.S. Department of Housing and Urban
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Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
Development) in Washington, DC and at
HUD’s Charleston, West Virginia field
office; backup facilities are located in
HUD’s Pennsylvania office. These
buildings are occupied by the
Department of HUD’s Civil Service
employees and contractor personnel
(that use picture identification cards to
access the buildings) and are not open
to the general public. System software is
loaded on computers in HUD
Headquarters in Washington, DC.
Servicing Contractors access HUD
systems via Virtual Private Network
(VPN).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The Institution Master File (IMF)
maintains data on Title I lenders and
Title II mortgagees who originate,
underwrite or service a HUD-insured
mortgage.
CATEGORIES OF RECORDS IN THE SYSTEM:
IMF includes data such as the lender’s
first name, last name, Social Security
Number (SSN) and title/position (i.e.,
Chief Executive Officer). The IMF
application includes data such as the
principal employee’s name (i.e., first
and last), email address, title, and SSN.
The other records include the following
data elements: Tax ID, Title I ID,
Institution ID, GNMA ID, Institution
Name, Institution Type, Insurance Type,
Mortgage Type, Doing Business As (aka
Fictitious Name), Fiscal Year End,
Approval Date, Phone Number, Fax, Email, and Geographical Address.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
National Housing Act of 1937 as
amended (Pub. L. 75–412).
pwalker on DSK8KYBLC1PROD with NOTICES
PURPOSE:
The IMF maintains the official record
of Institutions (Title I lenders and Title
II mortgagees) that are approved by
HUD/Federal Housing Administration
(FHA) to originate, service, or invest in
FHA-insured mortgages or loans. The
IMF centralizes institution data needed
for the operation of FHA’s home
mortgage, project mortgage and home
improvement, mobile homes and
manufactured homes. This information
is used by more than a dozen other
Housing and Ginnie Mae systems for
validation of institutional identification/
approval, validation of relationships
between sponsor and loan
correspondents, lender notifications,
and claim payments. In addition to
being a critical component of insurance
application processing and accounting,
an extract from the IMF, together with
data from the Single Family Housing
Enterprise Data Warehouse (SFHEDW),
on HUD’s Web site, allows the public to
VerDate Nov<24>2008
22:52 Aug 24, 2009
Jkt 217001
locate approved institutions located or
doing business in their area. IMF data
(e.g., lender’s name, address, telephone,
fax number, and e-mail address) is
extracted and posted on HUD’s Web site
(https://www.hud.gov/ll/code/
llslcrit.cfm) to apprise the public of all
FHA-approved lenders within their
respective geographic areas. This
information is releasable through the
Freedom of Information Act (Pub. L. 89–
554, 80 Stat., 383; Amended 1996, 2002,
2007). The IMF is used to generate
correspondence welcoming newly
approved lenders, reminding
institutions of their annual certification
requirements, warning and
subsequently advising institutions of
withdrawal of their approval for failure
to submit required documentation or
pay the required annual recertification
fee. The principal objectives of the IMF
are to consolidate information on the
approval status of mortgagees and
lenders participating in FHA’s
insurance programs. The approval
information is fed to FHA processing
systems for use in processing and
editing individual mortgage/loan
insurance applications, servicing
transactions, and claims. The IMF is the
repository for banking information
(encrypted) for wire transferring
payments to mortgagees/lenders for
claim reimbursements and premium
refunds. The personal information
collected pertains to the SSNs and
Names of the Lenders. The purpose of
the information being collected is to
ensure that any senior officer (e.g., Chief
Executive Officer (CEO), Chief Financial
Officer (CFO), partner, director, or
principal is in compliance with Section
203(b) of the Helping Families Save
Their Homes Act of 2009, which was
enacted on May 20, 2009. The Privacy
Impact Assessment is currently being revisited and updated as necessary to
incorporate HUD’s new Electronic
Annual Certification Process for FHAapproved lenders. Under the former
certification process, lenders certified
manually via the submission of a Title
II Yearly Verification Report (i.e., VForm).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
All external disclosure of data must
be accounted for or information from
the system is not released. If
unaccounted for, data from the system
cannot be disclosed to any entity
external to HUD, including contractors.
The following are examples of routine
uses of data maintained in the system:
1. HUD’s Office of Policy
Development and Research often use
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42911
IMF data (i.e., non-personally
identifiable information) to conduct
studies and statistical reports—directly
related to the management of HUD’s
FHA Lender and Mortgagee Certification
Program;
2. HUD’s Office of Lender Activities
and Program Compliance use IMF data
(i.e., non-personally identifiable
information) to create correspondence
for lenders and mortgagees, reminding
them of their annual renewal
requirements and notifying them of
their non-compliance with
Departmental rules and requirements for
continued program participation; and
3. Internal HUD Users and HUD’s
Office of Lender Activities and Program
Compliance contractors (required to
modify IMF per the terms of their
contract) have limited access to ‘‘read
only’’ data. As such, HUD staff and
contractors do not have access to
privacy information.
4. Additional Disclosure for Purposes
of Facilitating Responses and
Remediation Efforts in the Event of a
Data Breach. A record from a system of
records maintained by this Department
may be disclosed to appropriate
agencies, entities, and persons when:
a. The Department suspects or has
confirmed that the security or
confidentiality of information in a
system of records has been
compromised;
b. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of systems or
programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and,
c. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is stored on magnetic discs and
tapes. UPS is used to transport the tapes
on which data is stored. There is a
courier log at the data center. As of
August 2009, there will be no magnetic
discs or tapes. Furthermore, there are no
printouts and hardcopies stored,
maintained, or generated from the
system. The hard copy V-Form is filed
and maintained on microfilm. However,
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Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
there is no privacy information on the
hard copy of the V-form.
RETRIEVING:
Data is retrieved by the Lenders’ first
and last name, and Social Security
Number. Federal employees and FHAapproved lenders must access IMF by
inputting their User IDs and Passwords,
issued by the Department of HUD.
Again, all users with access to IMF are
unable to view personally identifiable
data as they have access to ‘‘read only’’
data.
SAFEGUARDS:
pwalker on DSK8KYBLC1PROD with NOTICES
Records are maintained in a secured
computer network behind HUD’s
protective automated firewall, which
ensures limited access to those persons
whose official duties require the use of
such records. Access to automated
records is limited to authorized
personnel who must receive a valid
User ID and password. All HUD users
and developers access the system from
work stations connected through the
local area network (LAN) routers to the
Department’s IBM Mainframe platform.
Mortgagee/Lender employees view and/
or update selected data in the system
through HUD’s WEB portal, FHA
Connection. Functional access is
granted on an ‘‘as needed’’ basis only by
the IMF Security Administrator or the
Security Coordinator for the lending
institution, as appropriate.
IMF’s software packages provide
authentication of a User. User
authorizations are controlled at the
application level. The IMF system
controls all online screen authorizations
on the Customer Information Control
System (CICS). Also, the FHA
Connection security administration’s
application controls access to the FHA
Connection modules of the IMF system.
HUD will safeguard the SSN and
personal identifying information
obtained pursuant to 26 U.S.C. 6103(l)
(7) (A) and (B) in accordance with 26
U.S.C. 6103(p)(4), and the IRS’s ‘‘Tax
Information Security Guidelines for
Federal, State and Local Agencies,’’
Publication 1075 (REV 6/2000). Security
and private measures are in place for the
organization’s implementation of the
appropriate safeguards to assure
confidentiality, integrity and availability
of personal information.
RETENTION AND DISPOSAL:
Records will be retained and disposed
of in accordance with the General
Records Schedule included in HUD
Handbook 2228.2, appendix 14, item 25;
and appendices 15 and 20. HUD
handles and retains output data (i.e.,
stored on magnetic discs and tapes)
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22:52 Aug 24, 2009
Jkt 217001
from the information system in
accordance with applicable laws,
Executive Orders, directives, policies,
regulations, standards, and operational
requirements.
Computerized records are maintained
in a password-protected environment. If
information is needed for evidentiary
purposes, documentation will be
referred to the HUD Office of Inspector
General (OIG) in Washington, DC or
other appropriate Federal, State or local
agencies charged with the responsibility
of investigating or prosecuting violators
of Federal law. Documents referred to
HUD’s OIG will become part of OIG’s
investigative files.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Housing/Single
Family Housing Office of Lender
Activities and Program Compliance
(System Owner), Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room B133/P3214,
Washington, DC 20410.
RECORDS ACCESS AND NOTIFICATION
PROCEDURE:
For information, assistance, or inquiry
about existence of records, contact
Donna Robinson-Staton, Departmental
Privacy Act Officer, 451 Seventh Street,
SW., Room 2256, Washington, DC
20410, telephone (202) 402–8073 in
accordance with the procedures in 24
CFR Part 16. Written request for access
to records must include satisfactory
proof of identity. The means of proof by
certificate of a notary public or
equivalent officer empowered to
administer oaths must accompany the
request. The certificate within or
attached to the letter must include full
name, current address, city and state of
birth, copy of drivers license or
equivalent bearing the requester’s
signature.
CONTESTING RECORD PROCEDURES:
The Department’s rules for contesting
the contents of records and appealing
initial denials, by the individual
concerned, appear in 24 CFR Part 16. If
additional information or assistance is
needed, it may be obtained by
contacting:
(i) In relation to contesting contents of
records, the Departmental Privacy Act,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 2256, Washington, DC 20410.
(ii) In relation to appeals of initial
denials, the HUD Departmental Privacy
Appeals Officer, Office of General
Counsel, Department of Housing and
Urban Development, 451 Seventh Street
SW., Washington, DC 20410.
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Sfmt 4703
RECORD SOURCE CATEGORIES:
Information in this system of records
is supplied directly by the individual,
and/or HUD system users.
EXEMPTION FROM CERTAIN PROVISION OF THE
ACT:
None.
[FR Doc. E9–20405 Filed 8–24–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
National Park Service
30-day Notice of Intention To Request
Clearance of Collection of Information;
Opportunity for Public Comment
National Park Service, Interior.
Notice and request for
comments.
AGENCY:
ACTION:
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 and 5
CFR part 1320, Reporting and
Recordkeeping Requirements, the
National Park Service (NPS) invites
public comments on an extension of a
currently approved collection of
information (OMB #1024–0226).
DATES: Public comments on this
Information Collection Request (ICR)
will be accepted on or before September
24, 2009.
ADDRESSES: You may submit comments
directly to the Desk Officer for the
Department of the Interior (OMB #1024–
0226), Office of Information and
Regulatory Affairs, Office of
Management and Budget (OMB), by fax
at 202/395–5806, or by electronic mail
at oira_docket@omb.eop.gov. Please also
mail or hand carry a copy of your
comments to Charlie Stockman,
Outdoor Recreation Planner, Rivers,
Trails and Conservation Assistance
Program, National Park Service, 1201
Eye Street, NW., flr 9, Washington, DC
20005 or via fax at 202/371–5179.
FOR FURTHER INFORMATION CONTACT:
Charlie Stockman, Outdoor Recreation
Planner, Rivers, Trails and Conservation
Assistance Program, National Park
Service, 1201 Eye Street, NW., flr 9,
Washington, DC 20005 or via fax at 202/
371–5179. You are entitled to a copy of
the entire ICR package free-of-charge.
You may access this ICR at https://
www.reginfo.gov/public/.
Comments Received on the 60–Day
Federal Register Notice: The NPS
published a 60-day notice to solicit
public comments on this ICR in the
Federal Register on April 7, 2009 (74 FR
15742). The comment period closed on
June 8, 2009. No comments were
received on this notice.
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42910-42912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20405]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5291-N-05]
Privacy Act; Notification of a New Privacy Act System of Records,
Institution Master File (IMF)
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notification of a New Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: The Department of Housing and Urban Development HUD proposes
to amend one of its system of records subject to the Privacy Act of
1974 (5 U.S.C. 552a), as amended. The proposed new system of record is
the IMF/F51. The IMF System maintains a file of institutions (Title I
lenders and Title II mortgagees) which have been approved by the U.S.
Department of Housing and Urban Development (HUD) to participate in the
Departments Federal Housing Administration (FHA) Mortgage Insurance
Programs. The principal objective of the IMF is to consolidate
information on the approval status of mortgagees and lenders
participating in FHA's insurance programs.
DATES: Effective Date: This action shall be effective without further
notice on September 24, 2009 unless comments are received that would
result in a contrary determination.
Comments Due Date: September 24, 2009.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Rules Docket Clerk, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410-0500. Communications should refer to
the above docket number and title. A copy of each communication
submitted will be available for public inspection and copying between 8
a.m. and 5:00 pm weekdays at the above address.
FOR FURTHER INFORMATION CONTACT: Donna Robinson-Staton, Departmental
Privacy Act Officer, 451 Seventh Street, SW., Room 2256, Washington, DC
20410, Telephone Number (202) 402-8047. (This is not a toll-free
number.) A telecommunication device for hearing and speech-impaired
individuals (TTY) is available at (800) 877-8339 (Federal Information
Relay Service).
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 the Institution Master
File (IMF).
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 system of
records.
The new system report was submitted to the Office of Management and
Budget (OMB), the Senate Committee on Governmental Affairs, and the
House Committee on Government Reform 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).
Authority: 5 U.S.C. 552a 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: August 14, 2009.
Jerry E. Williams,
Chief Information Officer.
HUD/HS/60
System name:
Institution Master File (IMF).
System location:
The system is physically housed in a government-owned building
(i.e., the U.S. Department of Housing and Urban
[[Page 42911]]
Development) in Washington, DC and at HUD's Charleston, West Virginia
field office; backup facilities are located in HUD's Pennsylvania
office. These buildings are occupied by the Department of HUD's Civil
Service employees and contractor personnel (that use picture
identification cards to access the buildings) and are not open to the
general public. System software is loaded on computers in HUD
Headquarters in Washington, DC. Servicing Contractors access HUD
systems via Virtual Private Network (VPN).
Categories of individuals covered by the system:
The Institution Master File (IMF) maintains data on Title I lenders
and Title II mortgagees who originate, underwrite or service a HUD-
insured mortgage.
Categories of records in the system:
IMF includes data such as the lender's first name, last name,
Social Security Number (SSN) and title/position (i.e., Chief Executive
Officer). The IMF application includes data such as the principal
employee's name (i.e., first and last), email address, title, and SSN.
The other records include the following data elements: Tax ID, Title I
ID, Institution ID, GNMA ID, Institution Name, Institution Type,
Insurance Type, Mortgage Type, Doing Business As (aka Fictitious Name),
Fiscal Year End, Approval Date, Phone Number, Fax, E-mail, and
Geographical Address.
Authority for maintenance of the system:
National Housing Act of 1937 as amended (Pub. L. 75-412).
Purpose:
The IMF maintains the official record of Institutions (Title I
lenders and Title II mortgagees) that are approved by HUD/Federal
Housing Administration (FHA) to originate, service, or invest in FHA-
insured mortgages or loans. The IMF centralizes institution data needed
for the operation of FHA's home mortgage, project mortgage and home
improvement, mobile homes and manufactured homes. This information is
used by more than a dozen other Housing and Ginnie Mae systems for
validation of institutional identification/approval, validation of
relationships between sponsor and loan correspondents, lender
notifications, and claim payments. In addition to being a critical
component of insurance application processing and accounting, an
extract from the IMF, together with data from the Single Family Housing
Enterprise Data Warehouse (SFHEDW), on HUD's Web site, allows the
public to locate approved institutions located or doing business in
their area. IMF data (e.g., lender's name, address, telephone, fax
number, and e-mail address) is extracted and posted on HUD's Web site
(https://www.hud.gov/ll/code/llslcrit.cfm) to apprise the public of all
FHA-approved lenders within their respective geographic areas. This
information is releasable through the Freedom of Information Act (Pub.
L. 89-554, 80 Stat., 383; Amended 1996, 2002, 2007). The IMF is used to
generate correspondence welcoming newly approved lenders, reminding
institutions of their annual certification requirements, warning and
subsequently advising institutions of withdrawal of their approval for
failure to submit required documentation or pay the required annual
recertification fee. The principal objectives of the IMF are to
consolidate information on the approval status of mortgagees and
lenders participating in FHA's insurance programs. The approval
information is fed to FHA processing systems for use in processing and
editing individual mortgage/loan insurance applications, servicing
transactions, and claims. The IMF is the repository for banking
information (encrypted) for wire transferring payments to mortgagees/
lenders for claim reimbursements and premium refunds. The personal
information collected pertains to the SSNs and Names of the Lenders.
The purpose of the information being collected is to ensure that any
senior officer (e.g., Chief Executive Officer (CEO), Chief Financial
Officer (CFO), partner, director, or principal is in compliance with
Section 203(b) of the Helping Families Save Their Homes Act of 2009,
which was enacted on May 20, 2009. The Privacy Impact Assessment is
currently being re-visited and updated as necessary to incorporate
HUD's new Electronic Annual Certification Process for FHA-approved
lenders. Under the former certification process, lenders certified
manually via the submission of a Title II Yearly Verification Report
(i.e., V-Form).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
All external disclosure of data must be accounted for or
information from the system is not released. If unaccounted for, data
from the system cannot be disclosed to any entity external to HUD,
including contractors. The following are examples of routine uses of
data maintained in the system:
1. HUD's Office of Policy Development and Research often use IMF
data (i.e., non-personally identifiable information) to conduct studies
and statistical reports--directly related to the management of HUD's
FHA Lender and Mortgagee Certification Program;
2. HUD's Office of Lender Activities and Program Compliance use IMF
data (i.e., non-personally identifiable information) to create
correspondence for lenders and mortgagees, reminding them of their
annual renewal requirements and notifying them of their non-compliance
with Departmental rules and requirements for continued program
participation; and
3. Internal HUD Users and HUD's Office of Lender Activities and
Program Compliance contractors (required to modify IMF per the terms of
their contract) have limited access to ``read only'' data. As such, HUD
staff and contractors do not have access to privacy information.
4. Additional Disclosure for Purposes of Facilitating Responses and
Remediation Efforts in the Event of a Data Breach. A record from a
system of records maintained by this Department may be disclosed to
appropriate agencies, entities, and persons when:
a. The Department suspects or has confirmed that the security or
confidentiality of information in a system of records has been
compromised;
b. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of systems or programs (whether maintained by the Department
or another agency or entity) that rely upon the compromised
information; and,
c. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Data is stored on magnetic discs and tapes. UPS is used to
transport the tapes on which data is stored. There is a courier log at
the data center. As of August 2009, there will be no magnetic discs or
tapes. Furthermore, there are no printouts and hardcopies stored,
maintained, or generated from the system. The hard copy V-Form is filed
and maintained on microfilm. However,
[[Page 42912]]
there is no privacy information on the hard copy of the V-form.
Retrieving:
Data is retrieved by the Lenders' first and last name, and Social
Security Number. Federal employees and FHA-approved lenders must access
IMF by inputting their User IDs and Passwords, issued by the Department
of HUD. Again, all users with access to IMF are unable to view
personally identifiable data as they have access to ``read only'' data.
Safeguards:
Records are maintained in a secured computer network behind HUD's
protective automated firewall, which ensures limited access to those
persons whose official duties require the use of such records. Access
to automated records is limited to authorized personnel who must
receive a valid User ID and password. All HUD users and developers
access the system from work stations connected through the local area
network (LAN) routers to the Department's IBM Mainframe platform.
Mortgagee/Lender employees view and/or update selected data in the
system through HUD's WEB portal, FHA Connection. Functional access is
granted on an ``as needed'' basis only by the IMF Security
Administrator or the Security Coordinator for the lending institution,
as appropriate.
IMF's software packages provide authentication of a User. User
authorizations are controlled at the application level. The IMF system
controls all online screen authorizations on the Customer Information
Control System (CICS). Also, the FHA Connection security
administration's application controls access to the FHA Connection
modules of the IMF system. HUD will safeguard the SSN and personal
identifying information obtained pursuant to 26 U.S.C. 6103(l) (7) (A)
and (B) in accordance with 26 U.S.C. 6103(p)(4), and the IRS's ``Tax
Information Security Guidelines for Federal, State and Local
Agencies,'' Publication 1075 (REV 6/2000). Security and private
measures are in place for the organization's implementation of the
appropriate safeguards to assure confidentiality, integrity and
availability of personal information.
Retention and disposal:
Records will be retained and disposed of in accordance with the
General Records Schedule included in HUD Handbook 2228.2, appendix 14,
item 25; and appendices 15 and 20. HUD handles and retains output data
(i.e., stored on magnetic discs and tapes) from the information system
in accordance with applicable laws, Executive Orders, directives,
policies, regulations, standards, and operational requirements.
Computerized records are maintained in a password-protected
environment. If information is needed for evidentiary purposes,
documentation will be referred to the HUD Office of Inspector General
(OIG) in Washington, DC or other appropriate Federal, State or local
agencies charged with the responsibility of investigating or
prosecuting violators of Federal law. Documents referred to HUD's OIG
will become part of OIG's investigative files.
System manager(s) and address:
Director, Office of Housing/Single Family Housing Office of Lender
Activities and Program Compliance (System Owner), Department of Housing
and Urban Development, 451 Seventh Street, SW., Room B133/P3214,
Washington, DC 20410.
Records access and notification procedure:
For information, assistance, or inquiry about existence of records,
contact Donna Robinson-Staton, Departmental Privacy Act Officer, 451
Seventh Street, SW., Room 2256, Washington, DC 20410, telephone (202)
402-8073 in accordance with the procedures in 24 CFR Part 16. Written
request for access to records must include satisfactory proof of
identity. The means of proof by certificate of a notary public or
equivalent officer empowered to administer oaths must accompany the
request. The certificate within or attached to the letter must include
full name, current address, city and state of birth, copy of drivers
license or equivalent bearing the requester's signature.
Contesting record procedures:
The Department's rules for contesting the contents of records and
appealing initial denials, by the individual concerned, appear in 24
CFR Part 16. If additional information or assistance is needed, it may
be obtained by contacting:
(i) In relation to contesting contents of records, the Departmental
Privacy Act, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 2256, Washington, DC 20410.
(ii) In relation to appeals of initial denials, the HUD
Departmental Privacy Appeals Officer, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Washington, DC 20410.
Record source categories:
Information in this system of records is supplied directly by the
individual, and/or HUD system users.
Exemption from certain provision of the Act:
None.
[FR Doc. E9-20405 Filed 8-24-09; 8:45 am]
BILLING CODE 4210-67-P
