Implementation of the Privacy Act of 1974, as Amended; Notice Amendment for Computerized Homes Underwriting Management System/Loan Application Management System, 71750-71755 [2016-25177]
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71750
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices
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comments in connection with the 60day notice.
DATES: The purpose of this notice is to
allow an additional 30 days for public
comments. Comments are encouraged
and will be accepted until November 17,
2016. This process is conducted in
accordance with 5 CFR 1320.10.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
directed to the OMB USCIS Desk Officer
via email at oira_submission@
omb.eop.gov. Comments may also be
submitted via fax at (202) 395–5806. All
submissions received must include the
agency name and the OMB Control
Number [1615—NEW].
You may wish to consider limiting the
amount of personal information that you
provide in any voluntary submission
you make. For additional information
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140,
Telephone number (202) 272–8377
(comments are not accepted via
telephone message). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS Web site at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
(800) 375–5283; TTY (800) 767–1833.
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2016–0004 in the search box.
Written comments and suggestions from
the public and affected agencies should
address one or more of the following
four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
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including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection
Request: New Collection.
(2) Title of the Form/Collection:
Application for Employment
Authorization for Abused
Nonimmigrant Spouse.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–765V;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form I–765V, Application
for Employment Authorization for
Abused Nonimmigrant Spouse, will be
used to collect information that is
necessary to determine if an applicant is
eligible for an initial Employment
Authorization Document (EAD), a new
EAD, or an interim EAD as a qualifying
abused nonimmigrant spouse.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection Form I–765V is 1,000 and the
estimated hour burden per response is
3 hours to complete the form, 1 hour for
biometrics and .50 hours to obtain
passport-style photographs.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 4,500 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $265,000.
Dated: October 11, 2016.
Samantha Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2016–25101 Filed 10–17–16; 8:45 am]
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5921–N–17]
Implementation of the Privacy Act of
1974, as Amended; Notice Amendment
for Computerized Homes Underwriting
Management System/Loan Application
Management System
Office of Housing, HUD.
Notice Amendment.
AGENCY:
ACTION:
The Department is publishing
a notice advising of a system of records
amendment for system of records:
Computerized Homes Underwriting
Management System—Development of
New System of Records, Loan
Application Management System,
published in the Federal Register on
October 20, 2014 at 79 FR 62656–62658.
The Department discovered that
information under the original notice
had been omitted and reissues this
notice to incorporate omitted
information. In addition, the revised
notice introduces a new method used by
the system to collect and process new
records and establishes new routine use
instances. This notice adds back to the
notice previously omitted information
maintained by the systems on nonborrowing spouses, incorporates new
records pertaining to housing counselor
efforts, establishes new routine uses,
and refines current record keeping
procedures, the authority, and purpose
statements. A detailed description of the
systems updates and the new functions
are contained in the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Helen Goff Foster, Chief Privacy Officer/
Senior Agency Official for Privacy, 451
Seventh Street SW., Room 10139,
Washington, DC 20410, telephone
number 202–402–6836 (this is not a tollfree number). Individuals who are
hearing- and speech-impaired may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
Amendments to this notice: HUD
published in the Federal Register
system of records notice for
Computerized Homes Underwriting
Management System—Development of
New System of Records, Loan
Application Management System on
October 20, 2014, at 79 FR 62656–
62658, and amendments are being
proposed to this notice, as follows:
Page 62657, in the first column, under
the system of records caption
‘‘CATEGORIES OF INDIVIDUALS
COVERED BY THE SYSTEM’’ this
SUMMARY:
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Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices
section is being updated to read:
Individuals who have applied for a
mortgage insured under HUD/Federal
Housing Administration’s single-family
mortgage insurance programs, including
any non-borrowing spouse(s) associated
with a Home Equity Conversion
Mortgage (HECM) transaction. Also,
HUD business partners (appraisers,
inspectors, mortgagee staff
underwriters) and HUD employees
(appraisers, mortgage credit examiners,
architectural employees, receiving
clerks, assignment clerks, commitment
clerks, records clerks, and closing
clerks) involved in the HUD/FHA
single-family underwriting process, and
new records on individuals who pass
the HUD Certified Housing Counselor
examination whether or not they
become certified; individuals seeking
HUD certified housing of new records.
Page 62657, in the first column, under
the system of records captions
‘‘CATEGORIES OF RECORDS IN THE
SYSTEM’’ this section is being updated
to read: Automated files contain the
following categories of records:
• Mortgagors (Borrowers): name,
address, Social Security number (SSN)
or other identification number, racial/
ethnic background (if disclosed), date of
birth, credit scores (often referred to as
FICO® Scores), marital status, and
details about the mortgage loan,
including loan application
documentation. This information is
supplied by lenders during the mortgage
application and underwriting process.
• Non-Borrowing Spouses: name,
SSN or other identification number,
date of birth, and details about the
mortgage loan, including loan
application documentation. This
information is supplied by lenders
during the mortgage application and
underwriting process on specific loan
types to acknowledge in writing that the
non-borrowing spouse has protections
under the law to remain in the home
after the death of their borrowing spouse
or an indication that the non-borrowing
spouse is not a borrower and not
required to sign the loan contract and
the property does not serve as their
primary residence.
• Appraisers and Inspectors: name,
address, SSN or other identification
number, territory, workload, and
minority data including racial/ethnic
background, Minority Business
Enterprise (MBE) Code, and sex, for
statistical tracking purposes. Mortgagee
(Lender) Staff Appraisers and
Underwriters, 203k Consultants, and
HECM Counselors: SSN or other
identification number, territory and
workload of the individuals.
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• HUD Employees: name and SSN or
other identifying number of employees
involved in the single family
underwriting process. This includes, but
is not limited to: Homeownership
Center managers, staff appraisers,
architectural employees, receiving
clerks, assignment clerks, commitment
clerks, records clerks, and closing
clerks.
• Individuals registering to access the
HUD Housing Counselor Certification
Examination: legal first and last name,
mailing address, telephone number,
email address, fax number (if
applicable), SSN, and employer’s HUD
Housing Counseling System (HCS)
number (if registrant’s employer is a
housing counseling agency participating
in HUD’s Housing Counseling Program).
Registrants have the option of providing
demographic information: race,
ethnicity, gender and languages in
which counseling services are offered.
HUD is collecting information on
languages to assess the number of
examinees that might benefit from
certification examination training
materials being available in other
languages. Information for fee payment
will be collected by a third party vendor
and will include credit card number,
expiration date, and security code.
• Individuals registering for HUD
Certified Housing Counselor status or
for Agency Application Coordinator for
FHA Connection: legal first and last
name, mailing address, telephone
number, email address, fax number (if
applicable), SSN, HUD Housing
Counselor Certification System ID
number, mother’s maiden name, and
employer’s HUD Housing Counseling
System (HCS) ID number, and
verification of employing agency’s
name.
• Examination Information: scores
from housing counselor certification
examination list of all test-takers who
pass the certification examination.
• Client Certificate of Housing
Counseling: legal first and last name and
address of the housing counseling client
receiving counseling services from an
agency participating in HUD’s Housing
Counseling Program; legal first and last
name and the Counselor ID number of
the counselor completing the client
certificate of housing counseling; name,
address, telephone number, Employer
Identification Number (EIN), and HCS
ID number of the agency participating in
HUD’s Housing Counseling Program;
date and type of counseling service
received; fees collected or waived; and
whether counseling or education
occurred in-person or remotely
(telephone or Internet).
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• NOTE: Certain records contained in
this system which pertain to individuals
contain principally proprietary
information concerning sole
proprietorships that may also reflect
personal information, however, only the
records reflecting personal information
are subject to the Privacy Act.
Page 62658, in the second column,
under the system of records caption
‘‘RETENTION AND DISPOSAL’’ this
section is being amended to read:
Current Procedures: Data is retained
online for 13 months after the date of
endorsement, or 13–18 months for nonendorsed cases, and then archived. The
archived data can be retrieved upon
request. In archive data, CHUMS retains
case data indefinitely. The Records
Retention Schedule for CHUMS/F17 is
listed in the HUD Records Disposition
Schedules Handbook (2225.6) Appendix
A—Single Family Home Mortgage
Insurance Program Records. In addition,
processes are being put in place to align
all practices where information will be
retained and disposed of in accordance
with HUD Records Disposition
Schedule Handbook (2225.6), which has
been approved by the National Archives
and Records Administration. According
to Records Management Office and
Schedule 20 of HUD’s Record Retention
Schedule, the requirement is to retain
for 6 years after the term of the loan. In
some cases, this may be up to 36 years,
at which time the information should be
transferred to NARA. The transfer of the
data would eliminate the concern of not
having access to the information if
needed in the future.
According to GRS 1.2 DAA–GRS–
2013–0008–0001, records collected and
stored for HUD Certified Housing
Counselor Certification and/or Client
Housing Counseling Certificates that
reside in the systems will be kept for a
minimum 10 years after the final action
is taken on the file, document, and/or
transaction. Longer retention is
authorized if required for business use
(Reference: GRS 1.2 DAA–GRS–2013–
0008–0001).
After the record retention
requirements have been met (a
minimum of 10 years), the data and
records can be purged or deleted from
the system. If paper records are
generated from the system, they can be
archived at the local Federal Records
Center after the final action or
transaction has taken place.
Page 62658, in the first column is
being updated to identify new
disclosure requirements related to
Federal Housing Administration’s Office
of Housing, by adding routine use (7) to
clarify that records from this SORN may
be disclosed to Government Sponsored
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Enterprises and other authorized
entities to enhance HUD’s programs
operations and performance through
automated underwriting, credit scoring,
and risk management, and records
related to counseling certification
requirements, by adding routine use (11)
to clarify that records will be disclosed
from the system to third party fee
collection service for payment of
examination fees, and routine use (11)
to clarify that non-PII records will be
made available to the general public
from the system.
Pursuant to the Privacy Act and the
Office of Management and Budget
(OMB) guidelines, the amended notices
meets threshold requirements for having
to transmit a report to OMB, the Senate
Committee on Homeland Security and
Governmental Affairs, and the House
Committee on Oversight and
Government Reform, as instructed by
paragraph 4c of Appendix l to OMB
Circular No. A–130, ‘‘Federal Agencies
Responsibilities for Maintaining
Records About Individuals,’’ November
28, 2000.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42
U.S.C. 3535(d).
Dated: October 12, 2016.
Helen Goff Foster,
Chief Privacy Officer/Senior Agency Official
for Privacy.
SYSTEM OF RECORDS NO:
HSNG.SF/HUP.02.
SYSTEM NAMES:
Computerized Homes Underwriting
Management System (CHUMS) F17/
Loan Application Management System
(LAMS) P292)).
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SYSTEM LOCATION:
The CHUMS and LAMS system is
hosted at the Hewlett Packard (HP)
Facility at 2020 Union Carbide Drive,
South Charleston, West Virginia 25303–
2734. HP is the designated records
management facility for LAMS and the
Atlanta Federal Records Center at 4712
Southpark Boulevard, Ellenwood, GA
30294 is the records management
facility for CHUMS until LAMS is fully
implemented. Additionally, staff in
HUD Headquarters and throughout the
country access CHUMS and LAMS
through HUD’s standard
telecommunications network from
desktop work stations, and access by
both HUD employees and business
partners is granted via secure HTTP
through the HUD FHA Connection
portal. Internal and external HUD
hosted locations are as follows: HUD
headquarters building, 451 Seventh
Street, SW., Washington, DC 20410; the
HUD owned and operated Home
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Ownership Centers, located in Atlanta,
GA; Denver, CO; Philadelphia, PA; and
Santa Ana, CA; and the sixty-one (61)
HUD owned and operated Field
Offices 1 in various locations across the
country.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have applied for a
mortgage insured under HUD/FHA’s
single-family mortgage insurance
programs, including any non-borrowing
spouses associated with the transaction.
Also, HUD business partners
(appraisers, inspectors, mortgagee staff
underwriters), HUD employees
(appraisers, mortgage credit examiners,
architectural employees, receiving
clerks, assignment clerks, commitment
clerks, records clerks, and closing
clerks) involved in the HUD/FHA
single-family underwriting process;
individuals who pass the HUD Certified
Housing Counselor examination
whether or not they become certified,
individuals seeking HUD certified
housing counselor certification, or
housing counseling clients receiving
housing counseling from an agency
participating in HUD’s Housing
Counseling Program.
CATEGORIES OF RECORDS IN THE SYSTEM:
Automated files contain the following
categories of records:
• Mortgagors (Borrowers): name,
address, Social Security number (SSN)
or other identification number, racial/
ethnic background (if disclosed), date of
birth, credit scores (often referred to as
FICO® Scores), marital status, and
details about the mortgage loan,
including loan application
documentation. This information is
supplied by lenders during the mortgage
application and underwriting process.
• Non-Borrowing Spouses: name,
SSN or other identification number,
date of birth, and details about the
mortgage loan, including loan
application documentation. This
information is supplied by lenders
during the mortgage application and
underwriting process on specific loan
types to acknowledge in writing that the
non-borrowing spouse has protections
under the law to remain in the home
after the death of their borrowing spouse
or an indication that the non-borrowing
spouse is not a borrower and not
required to sign the loan contract and
the property does not serve as their
primary residence.
• Appraisers and Inspectors: name,
address, SSN or other identification
1 https://portal.hud.gov/hudportal/documents/
huddoc?id=append2.pdf.
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number, territory, workload, and
minority data including racial/ethnic
background, minority business
enterprise (MBE) Code, and sex, for
statistical tracking purposes.
• Mortgagee (Lender) Staff Appraisers
and Underwriters: SSN or other
identification number, territory and
workload of the individuals.
• HUD Employees: name, SSN or
other identifying number of employees
involved in the single family
underwriting process. This includes, but
is not limited to: Homeownership
Center managers, staff appraisers,
architectural employees, receiving
clerks, assignment clerks, commitment
clerks, records clerks, and closing
clerks.
• Individuals registering to access the
HUD Housing Counselor Certification
Examination: Legal first and last name,
mailing address, telephone number,
email address, fax number (if
applicable), SSN, and employer’s HUD
Housing Counseling System (HCS)
number (if registrant’s employer is a
housing counseling agency participating
in HUD’s Housing Counseling Program).
Registrants have the option of providing
demographic information: Race,
ethnicity, gender and languages in
which counseling services are offered.
HUD is collecting information on
languages to assess the number of
examinees that might benefit from
certification examination training
materials being available in other
languages. Information for fee payment
will be collected by a third party vendor
and will include credit card number,
expiration date, and security code.
• Individuals registering for HUD
Certified Housing Counselor status or
for Agency Application Coordinator for
FHA Connection: Legal first and last
name, mailing address, telephone
number, email address, fax number (if
applicable), SSN, HUD Housing
Counselor Certification System ID
number, mother’s maiden name, and
employer’s HUD Housing Counseling
System (HCS) ID number, and
verification of employing agency’s
name.
• Examination Information: Scores
from housing counselor certification
examination list of all test-takers who
pass the certification examination.
• Client Certificate of Housing
Counseling: Legal first and last name
and address of the housing counseling
client receiving counseling services
from an agency participating in HUD’s
Housing Counseling Program, legal first
and last name and the Counselor ID
number of the counselor completing the
client certificate of housing counseling,
name, address, telephone number,
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Employer Identification Number (EIN),
and HCS ID number of the agency
participating in HUD’s Housing
Counseling Program, date and type of
counseling service received, fees
collected or waived and whether
counseling or education occurred inperson or remotely (telephone or
Internet).
Note: Certain records contained in this
system which pertain to individuals contain
principally proprietary information
concerning sole proprietorships may also
reflect personal information, however, only
the records reflecting personal information
are subject to the Privacy Act.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 203, National Housing Act,
Public Law 73–479, enables HUD/FHA
to process applications for HUD
mortgage insurance and respond to
inquiries regarding applications and
insured mortgages; The Housing and
Community Development Act of 1987,
42 U.S.C. 3543, authorizes HUD to
collect SSNs Social Security numbers
for FHA Connect users are collected to
ensure mortgagee eligibility
requirements are met, 12 U.S.C.
§ 1708(d)); Subtitle D of title XIV of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law
111–203, 124 Stat. 1376 (July 21, 2010);
Section 106 of the Housing and Urban
Development Act of 1968, 12 U.S.C.
1701x.
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PURPOSE(S):
The Loan Application Management
System (LAMS) is developed to better
assist FHA with its automated
processing, analysis, and screening of
the appraisal documentation. CHUMS is
developed to support lenders and HUD
staff in the processing of insurance
applications for single-family mortgages,
from the initial loan application all the
way through endorsement. Various
mortgage loan types are processed
through CHUMS, including loans for
First Time Homebuyers, Home Equity
Conversion Mortgages (HECM), Section
184 Indian Home Loan Guarantee, and
203K rehabilitation loans. CHUMS
provides HUD field office staff
functionality for tracking and processing
cases, and allows monitoring of
workloads by field office management.
CHUMS also contains the FHA TOTAL
(Technology Open to Approved
Lenders) Scorecard, which evaluates the
overall creditworthiness of mortgage
loan applications submitted through
Automated Underwriting Systems based
on a number of credit variables, and
determines the associated level of risk
for loans submitted for FHA insurance.
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The new LAMS tool is being created
to become the eventual replacement
system for CHUMS. The existing
functionality in CHUMS will be moved
into LAMS in stages over the next five
years. In its initial release, LAMS will
enable HUD to start collecting case
binder data into an industry-wide
electronic format that is acceptable to
Mortgage Industry Standard
Maintenance Organization (MISMO)
data standards. The improved
enhancements will allow HUD to screen
out errors in the appraisal and
endorsement process more proficiently.
In the past, HUD has identified far too
late in the appraisal and endorsement
process when a loan was at risk or in
danger of fraud. Implementing the new
LAMS tool and new evaluation process
will allow HUD to better evaluate errors
in the appraisal and endorsement
process, and avoid endorsing
unqualified loans. FHA believes that
having the mortgage insurance
documentation evaluated earlier on in
the process will over time have a
tremendous impact on the performance
of HUD’s mortgage insurance programs.
The existing HUD data collected on
applications for single-family mortgage
insurance endorsements, includes
electronic copies of mortgage
documentation, along with the results of
automated risk scoring and fraud
validations, electronic copies of the
lender submitted mortgage insurance
appraisal records, the underlying data
and metadata of documentation
obtained in the application,
underwriting, insuring and closing
stages of the mortgage loan transaction
will be used for risk management
evaluation studies of the
abovementioned mortgage insurance
portfolios. The purpose for collecting
the new records that will be maintained
by this system is to verify the
participating agency’s compliance with
HUD’s Housing Counseling Program
requirements. Other statutory changes to
improve the effectiveness of housing
counseling include increasing the
breadth of counseling services so that
they are comprehensive with respect to
homeownership and rental counseling
and issuing client Certificates of
Housing Counseling to verify counseling
requirements for FHA and other
Federal, State, and local programs, as
applicable. HUD’s Housing Counseling
Program currently provides
comprehensive homeownership and
rental counseling. As noted in the
proposed rule published on September
13, 2013, an individual counselor, in
contrast to multiple counseling
agencies, will have to show competency
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(through passage of an examination) in
identifying and understanding the
breadth of homeownership and rental
counseling services. Currently, a
potential homebuyer or homeowner is
likely to seek a housing counseling
agency that specializes in a specific area
and receive comprehensive counseling
by a counselor in that specific area. As
a result of increasing the breadth of
counseling service knowledge, a
housing counselor providing counseling
on a specific area requested by the client
would also be trained to identify crosscutting issues that a client may not have
identified when seeking out a specific
counselor or during the intake process
by the housing counseling agency. In
addition, certifying individual
counselors may further enhance the
high regard of agencies and counselors
participating in HUD’s Housing
Counseling Program.
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 5 U.S.C.
Section 552a (b) of the Privacy Act, all
or a portion of the records or
information contained in this system
may be disclosed outside HUD as a
routine use pursuant to 5 U.S.C. 552a (b)
(3) as follows:
1. To appropriate agencies, entities,
and persons to the extent such
disclosures are compatible with the
purpose for which the records in this
system were collected, as set forth by
Appendix I—HUD’s Routine Use
Inventory Notice,2 published in the
Federal Register.
2. To appropriate agencies, entities,
and persons when:
a. HUD suspects or has confirmed that
the security or confidentiality of
information in a system of records has
been compromised;
b. HUD 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 HUD or another
agency or entity) that rely upon the
compromised information;
c. HUD determines that the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with HUD’s efforts to
respond to the suspected or confirmed
compromise of security.
3. To a congressional office from the
record of an individual in response to
2 https://portal.hud.gov/hudportal/documents/
huddoc?id=routine_use_inventory.pdf.
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an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
4. To the Federal Bureau of
Investigations for investigations of
possible fraud revealed in FHA
underwriting, insuring or monitoring
process for mortgage insurance.
5. To the Department of Justice for
prosecutions of fraud revealed in FHA
underwriting, insuring or monitoring
process for mortgage insurance.
6. To the General Accounting Office
(GAO) for audit purposes.
7. To financial institutions (including
Government Sponsored Enterprises),
computer software companies and other
Federal agencies (including the Federal
Reserve) to enhance program operations
and performance through automated
underwriting, credit scoring and risk
management.
8. To other federal agencies (including
the Federal Reserve) for purposes of
research not involving personally
identifiable information, to evaluate
program effectiveness in meeting
HUD’s/FHA’s mission, or to inform
policy makers on changes to effect
program improvements.
9. To the Department’s Office of
Policy Development Research and its
researchers for mortgage credit
evaluations and statistical analysis.
10. To contractors, grantees, experts,
consultants, and the agents thereof, and
others performing or working on a
contract, service, grant, cooperative
agreement with HUD, when necessary to
accomplish an agency function related
to these system of records, limited to
only those data elements considered
relevant to accomplishing an agency
function. Individuals provided
information under this routine use is
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to HUD
officers and employees. To contractors,
experts, consultants with whom HUD
has a contract, service agreement or
other assignment of the Department,
when necessary to utilize relevant data
for purposes of testing new technology
and systems designed to enhance
program operations and performance.
11. To third party fee collection
service when needed for payment of
certified housing counselor examination
fees. Only legal name, address for credit
card billing, and telephone number will
be released.
12. To the general public to verify if
a certified housing counselor
identification number is valid. Only
certified housing counselor first and last
name and housing counseling
agency(ies) that employ this counselor
will be released under this be routine
VerDate Sep<11>2014
13:19 Oct 17, 2016
Jkt 241001
use for valid certified housing counselor
identification numbers. The information
will be released to any interested person
only through a specific Web page on
either www.hud.gov or the HUD
Exchange designated by HUD.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on
magnetic tape/disc/drum. If paper
records are generated, they will be
stored from unauthorized use and stored
at the Federal Records facility.
RETRIEVABILITY:
Electronic/paper records are retrieved
by case number, name, social security
number housing counselor ID number,
or other identification number. Office of
Housing Counseling Staff will be able to
retrieve counselor employment history
for specific time periods. The general
public will be able to verify if a
counselor is currently certified by HUD
through a public access Web page on
HUD.gov or HUD Exchange. The public
search will identify the name of the
housing counselor and agency(ies) the
counselor is employed by. Full access to
HUD Certified Housing Counselor
Database information in CHUMS will be
limited to a few individuals on an asneeded basis for compliance purposes.
SAFEGUARDS:
Electronic records are maintained in
secure areas, and access is limited to
authorized personnel.
RETENTION AND DISPOSAL:
Current Procedures: Data is retained
online for 13 months after the date of
endorsement, or 13–18 months for nonendorsed cases, and then archived. The
archived data can be retrieved upon
request. In archive data, CHUMS retains
case data indefinitely. The Records
Retention Schedule for CHUMS/F17 is
listed in the HUD Records Disposition
Schedules Handbook (2225.6), Schedule
20,3 and Single Family Home Mortgage
Insurance Program Records.
FUTURE PROCEDURES:
Processes are being put in place to
align all practices where information
will be retained, archived, then
destroyed in accordance with HUD
approved Records Disposition Schedule
Handbook (2225.6), Schedule 20.
According to Records Management
Office and Schedule 20 of HUD’s Record
Retention Schedule, records will be
retained, archived, and destroyed a
3 https://portal.hud.gov/hudportal/documents/
huddoc?id=22256x20admh-1.pdf.
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Fmt 4703
Sfmt 4703
minimum of 6 years after the term of the
mortgage. In some cases, this may be up
to 36 years, at which time the
information should be transferred to
NARA. The transfer of the data would
eliminate the concern of not having
access to the information if needed in
the future. The records collected and
stored for HUD Certified Housing
Counselor Certification and/or Client
Housing Counseling Certificates that
reside in the systems will be kept for a
minimum 10 years after the final action
is taken on the file, document, and/or
transaction. Longer retention is
authorized if required for business use
(Reference: GRS 1.2 DAA–GRS–2013–
0008–0001). After the record retention
requirements have been met (a
minimum of 10 years), the data and
records can be purged or deleted from
the system. Backup and Recovery digital
media will be destroyed or otherwise
rendered irrecoverable per NIST SP
800–88 ‘‘Guidelines for Media
Sanitization’’ (September 2006). This
complies with all Federal regulations.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Single Family
Program Development, Department of
Housing and Urban Development, 451
Seventh Street SW., Washington, DC
20410.
NOTIFICATION AND RECORD ACCESS
PROCEDURES:
For Information, assistance, or
inquiries about the existence of records,
contact Helen Goff Foster, Chief Privacy
Officer/Senior Agency Official for
Privacy, 451 Seventh Street SW., Room
10139, Washington, DC 20410,
telephone number 202–402–6836 (this
is not a toll-free number). When seeking
records about yourself from this system
of records or any other HUD system of
records, your request must conform
with the Privacy Act regulations set
forth in 24 CFR part 16 ‘‘Procedures for
Inquiries’’. You must first verify your
identity by providing your full name,
current address, and date and place of
birth. You must sign your request, and
your signature must either be notarized
or submitted under 28 U.S.C. 1746, a
law that permits statements to be made
under penalty of perjury as a substitute
for notarization. In addition, your
request should:
(1) Explain why you believe HUD
would have information on you.
(2) Identify which HUD office you
believe has the records about you.
(3) Specify when you believe the
records would have been created.
(4) Provide any other information that
will help the FOIA staff determine
E:\FR\FM\18OCN1.SGM
18OCN1
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices
which HUD office may have responsive
records.
If you are seeking records pertaining
to another living individual, you must
obtain a statement from that individual
certifying their agreement for you to
access their records. Without the above
information, the HUD Office may not be
able to conduct an effective search, and
your request may be denied due to lack
of specificity or lack of compliance with
applicable regulations.
CONTESTING RECORD PROCEDURES:
The Department’s rules for contesting
contents of records and appealing initial
denials appear in 24 CFR part 16,
‘‘Procedures for Inquiries.’’ Additional
assistance may be obtained by
contacting Helen Goff Foster, Chief
Privacy Officer/Senior Agency Official
for Privacy, 451 Seventh Street SW.,
Room 10139, Washington, DC 20410, or
the HUD Departmental Privacy Appeals
Officer, Office of General Counsel,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 10110, Washington, DC 20410.
RECORD SOURCE CATEGORIES:
Records in the system are obtained
from: Mortgagors, appraisers, inspectors,
mortgagee staff appraisers, mortgagee
staff underwriters, housing counselors,
individuals that pass the HUD Certified
Housing Counselor examination, HUD
Housing Counseling Program clients
that receive education and counseling
from a HUD participating housing
counseling agency, and HUD
employees.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
None.
[FR Doc. 2016–25177 Filed 10–17–16; 8:45 am]
BILLING CODE 4210–67–P
A. Overview of Information Collection
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5909–N–72]
30-Day Notice of Proposed Information
Collection: HOME Investment
Partnership Program
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for renewal of the information
collection described below. In
accordance with the Paperwork
Reduction Act, HUD is requesting
comment from all interested parties on
the proposed collection of information.
Lhorne on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
13:19 Oct 17, 2016
Jkt 241001
The purpose of this notice is to allow for
60 days of public comment.
DATES: Comments Due Date: November
17, 2016.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–5535
(this is not a toll-free number) or email
at Anna.P.Guido@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Washington, DC 20410; email
Anna P. Guido at Anna.P.Guido@
hud.gov or telephone 202–402–5535.
This is not a toll-free number. Persons
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for renewal
of the information collection described
in Section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on July 22, 2016 at
81 FR 47815.
Title of Information Collection: HOME
Investment Partnerships Program
(HOME).
OMB Control Number: 2506–0171.
Type of Request: Extension of
currently approved collection.
Form Number: HUD 40093, SF 1199A,
HUD 27055, HUD 40107, HUD 4010.
Description of the need for the
information and proposed use: The
information collected through HUD’s
Integrated Disbursement and
Information System (IDIS) (24 CFR
92.502) is used by HUD Field Offices,
HUD Headquarters, and HOME Program
Participating Jurisdictions (PJs). The
information on program funds
committed and disbursed is used by
HUD to track PJ performance and to
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
71755
determine compliance with the
statutory 24-month commitment
deadline and the regulatory 5-year
expenditure deadline (§ 92.500(d)). The
project-specific property, tenant, owner,
and financial data is used to compile
annual reports to Congress required at
Section 284(b) of the HOME Investment
Partnerships Act, as well as to make
program management decisions about
how well program participants are
achieving the statutory objectives of the
HOME Program. Program management
reports are generated by IDIS to provide
data on the status of program
participants’ commitment and
disbursement of HOME funds. These
reports are provided to HUD staff as
well as to HOME PJs.
Management reports required in
conjunction with the Annual
Performance Report (§ 92.509) are used
by HUD Field Offices to assess the
effectiveness of locally designed
programs in meeting specific statutory
requirements and by Headquarters in
preparing the Annual Report to
Congress. Specifically, these reports
permit HUD to determine compliance
with the requirement that PJs provide a
25 percent match for HOME funds
expended during the Federal fiscal year
(Section 220 of the Act) and that
program income be used for HOME
eligible activities (Section 219 of the
Act), as well as the Women and
Minority Business Enterprise
requirements (§ 92.351(b)).
Financial, project, tenant and owner
documentation is used to determine
compliance with HOME Program cost
limits (Section 212(e) of the Act),
eligible activities (§ 92.205), and eligible
costs (§ 92.206), as well as to determine
whether program participants are
achieving the income targeting and
affordability requirements of the Act
(Sections 214 and 215). Other
information collected under Subpart H
(Other Federal Requirements) is
primarily intended for local program
management and is only viewed by
HUD during routine monitoring visits.
The written agreement with the owner
for long-term obligation (§ 92.504) and
tenant protections (§ 92.253) are
required to ensure that the property
owner complies with these important
elements of the HOME Program and are
also reviewed by HUD during
monitoring visits. HUD reviews all other
data collection requirements during
monitoring to assure compliance with
the requirements of the Act and other
related laws and authorities.
HUD tracks PJ performance and
compliance with the requirements of 24
CFR parts 91 and 92. PJs use the
required information in the execution of
E:\FR\FM\18OCN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71750-71755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25177]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5921-N-17]
Implementation of the Privacy Act of 1974, as Amended; Notice
Amendment for Computerized Homes Underwriting Management System/Loan
Application Management System
AGENCY: Office of Housing, HUD.
ACTION: Notice Amendment.
-----------------------------------------------------------------------
SUMMARY: The Department is publishing a notice advising of a system of
records amendment for system of records: Computerized Homes
Underwriting Management System--Development of New System of Records,
Loan Application Management System, published in the Federal Register
on October 20, 2014 at 79 FR 62656-62658. The Department discovered
that information under the original notice had been omitted and
reissues this notice to incorporate omitted information. In addition,
the revised notice introduces a new method used by the system to
collect and process new records and establishes new routine use
instances. This notice adds back to the notice previously omitted
information maintained by the systems on non-borrowing spouses,
incorporates new records pertaining to housing counselor efforts,
establishes new routine uses, and refines current record keeping
procedures, the authority, and purpose statements. A detailed
description of the systems updates and the new functions are contained
in the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Helen Goff Foster, Chief Privacy
Officer/Senior Agency Official for Privacy, 451 Seventh Street SW.,
Room 10139, Washington, DC 20410, telephone number 202-402-6836 (this
is not a toll-free number). Individuals who are hearing- and speech-
impaired may access this number via TTY by calling the Federal Relay
Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: Amendments to this notice: HUD published in
the Federal Register system of records notice for Computerized Homes
Underwriting Management System--Development of New System of Records,
Loan Application Management System on October 20, 2014, at 79 FR 62656-
62658, and amendments are being proposed to this notice, as follows:
Page 62657, in the first column, under the system of records
caption ``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM'' this
[[Page 71751]]
section is being updated to read: Individuals who have applied for a
mortgage insured under HUD/Federal Housing Administration's single-
family mortgage insurance programs, including any non-borrowing
spouse(s) associated with a Home Equity Conversion Mortgage (HECM)
transaction. Also, HUD business partners (appraisers, inspectors,
mortgagee staff underwriters) and HUD employees (appraisers, mortgage
credit examiners, architectural employees, receiving clerks, assignment
clerks, commitment clerks, records clerks, and closing clerks) involved
in the HUD/FHA single-family underwriting process, and new records on
individuals who pass the HUD Certified Housing Counselor examination
whether or not they become certified; individuals seeking HUD certified
housing of new records.
Page 62657, in the first column, under the system of records
captions ``CATEGORIES OF RECORDS IN THE SYSTEM'' this section is being
updated to read: Automated files contain the following categories of
records:
Mortgagors (Borrowers): name, address, Social Security
number (SSN) or other identification number, racial/ethnic background
(if disclosed), date of birth, credit scores (often referred to as
FICO[supreg] Scores), marital status, and details about the mortgage
loan, including loan application documentation. This information is
supplied by lenders during the mortgage application and underwriting
process.
Non-Borrowing Spouses: name, SSN or other identification
number, date of birth, and details about the mortgage loan, including
loan application documentation. This information is supplied by lenders
during the mortgage application and underwriting process on specific
loan types to acknowledge in writing that the non-borrowing spouse has
protections under the law to remain in the home after the death of
their borrowing spouse or an indication that the non-borrowing spouse
is not a borrower and not required to sign the loan contract and the
property does not serve as their primary residence.
Appraisers and Inspectors: name, address, SSN or other
identification number, territory, workload, and minority data including
racial/ethnic background, Minority Business Enterprise (MBE) Code, and
sex, for statistical tracking purposes. Mortgagee (Lender) Staff
Appraisers and Underwriters, 203k Consultants, and HECM Counselors: SSN
or other identification number, territory and workload of the
individuals.
HUD Employees: name and SSN or other identifying number of
employees involved in the single family underwriting process. This
includes, but is not limited to: Homeownership Center managers, staff
appraisers, architectural employees, receiving clerks, assignment
clerks, commitment clerks, records clerks, and closing clerks.
Individuals registering to access the HUD Housing
Counselor Certification Examination: legal first and last name, mailing
address, telephone number, email address, fax number (if applicable),
SSN, and employer's HUD Housing Counseling System (HCS) number (if
registrant's employer is a housing counseling agency participating in
HUD's Housing Counseling Program). Registrants have the option of
providing demographic information: race, ethnicity, gender and
languages in which counseling services are offered. HUD is collecting
information on languages to assess the number of examinees that might
benefit from certification examination training materials being
available in other languages. Information for fee payment will be
collected by a third party vendor and will include credit card number,
expiration date, and security code.
Individuals registering for HUD Certified Housing
Counselor status or for Agency Application Coordinator for FHA
Connection: legal first and last name, mailing address, telephone
number, email address, fax number (if applicable), SSN, HUD Housing
Counselor Certification System ID number, mother's maiden name, and
employer's HUD Housing Counseling System (HCS) ID number, and
verification of employing agency's name.
Examination Information: scores from housing counselor
certification examination list of all test-takers who pass the
certification examination.
Client Certificate of Housing Counseling: legal first and
last name and address of the housing counseling client receiving
counseling services from an agency participating in HUD's Housing
Counseling Program; legal first and last name and the Counselor ID
number of the counselor completing the client certificate of housing
counseling; name, address, telephone number, Employer Identification
Number (EIN), and HCS ID number of the agency participating in HUD's
Housing Counseling Program; date and type of counseling service
received; fees collected or waived; and whether counseling or education
occurred in-person or remotely (telephone or Internet).
NOTE: Certain records contained in this system which
pertain to individuals contain principally proprietary information
concerning sole proprietorships that may also reflect personal
information, however, only the records reflecting personal information
are subject to the Privacy Act.
Page 62658, in the second column, under the system of records
caption ``RETENTION AND DISPOSAL'' this section is being amended to
read: Current Procedures: Data is retained online for 13 months after
the date of endorsement, or 13-18 months for non-endorsed cases, and
then archived. The archived data can be retrieved upon request. In
archive data, CHUMS retains case data indefinitely. The Records
Retention Schedule for CHUMS/F17 is listed in the HUD Records
Disposition Schedules Handbook (2225.6) Appendix A--Single Family Home
Mortgage Insurance Program Records. In addition, processes are being
put in place to align all practices where information will be retained
and disposed of in accordance with HUD Records Disposition Schedule
Handbook (2225.6), which has been approved by the National Archives and
Records Administration. According to Records Management Office and
Schedule 20 of HUD's Record Retention Schedule, the requirement is to
retain for 6 years after the term of the loan. In some cases, this may
be up to 36 years, at which time the information should be transferred
to NARA. The transfer of the data would eliminate the concern of not
having access to the information if needed in the future.
According to GRS 1.2 DAA-GRS-2013-0008-0001, records collected and
stored for HUD Certified Housing Counselor Certification and/or Client
Housing Counseling Certificates that reside in the systems will be kept
for a minimum 10 years after the final action is taken on the file,
document, and/or transaction. Longer retention is authorized if
required for business use (Reference: GRS 1.2 DAA-GRS-2013-0008-0001).
After the record retention requirements have been met (a minimum of
10 years), the data and records can be purged or deleted from the
system. If paper records are generated from the system, they can be
archived at the local Federal Records Center after the final action or
transaction has taken place.
Page 62658, in the first column is being updated to identify new
disclosure requirements related to Federal Housing Administration's
Office of Housing, by adding routine use (7) to clarify that records
from this SORN may be disclosed to Government Sponsored
[[Page 71752]]
Enterprises and other authorized entities to enhance HUD's programs
operations and performance through automated underwriting, credit
scoring, and risk management, and records related to counseling
certification requirements, by adding routine use (11) to clarify that
records will be disclosed from the system to third party fee collection
service for payment of examination fees, and routine use (11) to
clarify that non-PII records will be made available to the general
public from the system.
Pursuant to the Privacy Act and the Office of Management and Budget
(OMB) guidelines, the amended notices meets threshold requirements for
having to transmit a report to OMB, the Senate Committee on Homeland
Security and Governmental Affairs, and the House Committee on Oversight
and Government Reform, as instructed by paragraph 4c of Appendix l to
OMB Circular No. A-130, ``Federal Agencies Responsibilities for
Maintaining Records About Individuals,'' November 28, 2000.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: October 12, 2016.
Helen Goff Foster,
Chief Privacy Officer/Senior Agency Official for Privacy.
SYSTEM OF RECORDS NO:
HSNG.SF/HUP.02.
SYSTEM NAMES:
Computerized Homes Underwriting Management System (CHUMS) F17/Loan
Application Management System (LAMS) P292)).
SYSTEM LOCATION:
The CHUMS and LAMS system is hosted at the Hewlett Packard (HP)
Facility at 2020 Union Carbide Drive, South Charleston, West Virginia
25303-2734. HP is the designated records management facility for LAMS
and the Atlanta Federal Records Center at 4712 Southpark Boulevard,
Ellenwood, GA 30294 is the records management facility for CHUMS until
LAMS is fully implemented. Additionally, staff in HUD Headquarters and
throughout the country access CHUMS and LAMS through HUD's standard
telecommunications network from desktop work stations, and access by
both HUD employees and business partners is granted via secure HTTP
through the HUD FHA Connection portal. Internal and external HUD hosted
locations are as follows: HUD headquarters building, 451 Seventh
Street, SW., Washington, DC 20410; the HUD owned and operated Home
Ownership Centers, located in Atlanta, GA; Denver, CO; Philadelphia,
PA; and Santa Ana, CA; and the sixty-one (61) HUD owned and operated
Field Offices \1\ in various locations across the country.
---------------------------------------------------------------------------
\1\ https://portal.hud.gov/hudportal/documents/huddoc?id=append2.pdf.
---------------------------------------------------------------------------
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have applied for a mortgage insured under HUD/FHA's
single-family mortgage insurance programs, including any non-borrowing
spouses associated with the transaction. Also, HUD business partners
(appraisers, inspectors, mortgagee staff underwriters), HUD employees
(appraisers, mortgage credit examiners, architectural employees,
receiving clerks, assignment clerks, commitment clerks, records clerks,
and closing clerks) involved in the HUD/FHA single-family underwriting
process; individuals who pass the HUD Certified Housing Counselor
examination whether or not they become certified, individuals seeking
HUD certified housing counselor certification, or housing counseling
clients receiving housing counseling from an agency participating in
HUD's Housing Counseling Program.
CATEGORIES OF RECORDS IN THE SYSTEM:
Automated files contain the following categories of records:
Mortgagors (Borrowers): name, address, Social Security
number (SSN) or other identification number, racial/ethnic background
(if disclosed), date of birth, credit scores (often referred to as
FICO[supreg] Scores), marital status, and details about the mortgage
loan, including loan application documentation. This information is
supplied by lenders during the mortgage application and underwriting
process.
Non-Borrowing Spouses: name, SSN or other identification
number, date of birth, and details about the mortgage loan, including
loan application documentation. This information is supplied by lenders
during the mortgage application and underwriting process on specific
loan types to acknowledge in writing that the non-borrowing spouse has
protections under the law to remain in the home after the death of
their borrowing spouse or an indication that the non-borrowing spouse
is not a borrower and not required to sign the loan contract and the
property does not serve as their primary residence.
Appraisers and Inspectors: name, address, SSN or other
identification number, territory, workload, and minority data including
racial/ethnic background, minority business enterprise (MBE) Code, and
sex, for statistical tracking purposes.
Mortgagee (Lender) Staff Appraisers and Underwriters: SSN
or other identification number, territory and workload of the
individuals.
HUD Employees: name, SSN or other identifying number of
employees involved in the single family underwriting process. This
includes, but is not limited to: Homeownership Center managers, staff
appraisers, architectural employees, receiving clerks, assignment
clerks, commitment clerks, records clerks, and closing clerks.
Individuals registering to access the HUD Housing
Counselor Certification Examination: Legal first and last name, mailing
address, telephone number, email address, fax number (if applicable),
SSN, and employer's HUD Housing Counseling System (HCS) number (if
registrant's employer is a housing counseling agency participating in
HUD's Housing Counseling Program). Registrants have the option of
providing demographic information: Race, ethnicity, gender and
languages in which counseling services are offered. HUD is collecting
information on languages to assess the number of examinees that might
benefit from certification examination training materials being
available in other languages. Information for fee payment will be
collected by a third party vendor and will include credit card number,
expiration date, and security code.
Individuals registering for HUD Certified Housing
Counselor status or for Agency Application Coordinator for FHA
Connection: Legal first and last name, mailing address, telephone
number, email address, fax number (if applicable), SSN, HUD Housing
Counselor Certification System ID number, mother's maiden name, and
employer's HUD Housing Counseling System (HCS) ID number, and
verification of employing agency's name.
Examination Information: Scores from housing counselor
certification examination list of all test-takers who pass the
certification examination.
Client Certificate of Housing Counseling: Legal first and
last name and address of the housing counseling client receiving
counseling services from an agency participating in HUD's Housing
Counseling Program, legal first and last name and the Counselor ID
number of the counselor completing the client certificate of housing
counseling, name, address, telephone number,
[[Page 71753]]
Employer Identification Number (EIN), and HCS ID number of the agency
participating in HUD's Housing Counseling Program, date and type of
counseling service received, fees collected or waived and whether
counseling or education occurred in-person or remotely (telephone or
Internet).
Note: Certain records contained in this system which pertain to
individuals contain principally proprietary information concerning
sole proprietorships may also reflect personal information, however,
only the records reflecting personal information are subject to the
Privacy Act.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 203, National Housing Act, Public Law 73-479, enables HUD/
FHA to process applications for HUD mortgage insurance and respond to
inquiries regarding applications and insured mortgages; The Housing and
Community Development Act of 1987, 42 U.S.C. 3543, authorizes HUD to
collect SSNs Social Security numbers for FHA Connect users are
collected to ensure mortgagee eligibility requirements are met, 12
U.S.C. Sec. 1708(d)); Subtitle D of title XIV of the Dodd-Frank Wall
Street Reform and Consumer Protection Act, Public Law 111-203, 124
Stat. 1376 (July 21, 2010); Section 106 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 1701x.
PURPOSE(S):
The Loan Application Management System (LAMS) is developed to
better assist FHA with its automated processing, analysis, and
screening of the appraisal documentation. CHUMS is developed to support
lenders and HUD staff in the processing of insurance applications for
single-family mortgages, from the initial loan application all the way
through endorsement. Various mortgage loan types are processed through
CHUMS, including loans for First Time Homebuyers, Home Equity
Conversion Mortgages (HECM), Section 184 Indian Home Loan Guarantee,
and 203K rehabilitation loans. CHUMS provides HUD field office staff
functionality for tracking and processing cases, and allows monitoring
of workloads by field office management. CHUMS also contains the FHA
TOTAL (Technology Open to Approved Lenders) Scorecard, which evaluates
the overall creditworthiness of mortgage loan applications submitted
through Automated Underwriting Systems based on a number of credit
variables, and determines the associated level of risk for loans
submitted for FHA insurance.
The new LAMS tool is being created to become the eventual
replacement system for CHUMS. The existing functionality in CHUMS will
be moved into LAMS in stages over the next five years. In its initial
release, LAMS will enable HUD to start collecting case binder data into
an industry-wide electronic format that is acceptable to Mortgage
Industry Standard Maintenance Organization (MISMO) data standards. The
improved enhancements will allow HUD to screen out errors in the
appraisal and endorsement process more proficiently. In the past, HUD
has identified far too late in the appraisal and endorsement process
when a loan was at risk or in danger of fraud. Implementing the new
LAMS tool and new evaluation process will allow HUD to better evaluate
errors in the appraisal and endorsement process, and avoid endorsing
unqualified loans. FHA believes that having the mortgage insurance
documentation evaluated earlier on in the process will over time have a
tremendous impact on the performance of HUD's mortgage insurance
programs. The existing HUD data collected on applications for single-
family mortgage insurance endorsements, includes electronic copies of
mortgage documentation, along with the results of automated risk
scoring and fraud validations, electronic copies of the lender
submitted mortgage insurance appraisal records, the underlying data and
metadata of documentation obtained in the application, underwriting,
insuring and closing stages of the mortgage loan transaction will be
used for risk management evaluation studies of the abovementioned
mortgage insurance portfolios. The purpose for collecting the new
records that will be maintained by this system is to verify the
participating agency's compliance with HUD's Housing Counseling Program
requirements. Other statutory changes to improve the effectiveness of
housing counseling include increasing the breadth of counseling
services so that they are comprehensive with respect to homeownership
and rental counseling and issuing client Certificates of Housing
Counseling to verify counseling requirements for FHA and other Federal,
State, and local programs, as applicable. HUD's Housing Counseling
Program currently provides comprehensive homeownership and rental
counseling. As noted in the proposed rule published on September 13,
2013, an individual counselor, in contrast to multiple counseling
agencies, will have to show competency (through passage of an
examination) in identifying and understanding the breadth of
homeownership and rental counseling services. Currently, a potential
homebuyer or homeowner is likely to seek a housing counseling agency
that specializes in a specific area and receive comprehensive
counseling by a counselor in that specific area. As a result of
increasing the breadth of counseling service knowledge, a housing
counselor providing counseling on a specific area requested by the
client would also be trained to identify cross-cutting issues that a
client may not have identified when seeking out a specific counselor or
during the intake process by the housing counseling agency. In
addition, certifying individual counselors may further enhance the high
regard of agencies and counselors participating in HUD's Housing
Counseling Program.
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 5 U.S.C.
Section 552a (b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside HUD as a
routine use pursuant to 5 U.S.C. 552a (b) (3) as follows:
1. To appropriate agencies, entities, and persons to the extent
such disclosures are compatible with the purpose for which the records
in this system were collected, as set forth by Appendix I--HUD's
Routine Use Inventory Notice,\2\ published in the Federal Register.
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2. To appropriate agencies, entities, and persons when:
a. HUD suspects or has confirmed that the security or
confidentiality of information in a system of records has been
compromised;
b. HUD 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 HUD or another
agency or entity) that rely upon the compromised information;
c. HUD determines that the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with HUD's efforts to respond to the suspected or confirmed compromise
of security.
3. To a congressional office from the record of an individual in
response to
[[Page 71754]]
an inquiry from that congressional office made at the request of the
individual to whom the record pertains.
4. To the Federal Bureau of Investigations for investigations of
possible fraud revealed in FHA underwriting, insuring or monitoring
process for mortgage insurance.
5. To the Department of Justice for prosecutions of fraud revealed
in FHA underwriting, insuring or monitoring process for mortgage
insurance.
6. To the General Accounting Office (GAO) for audit purposes.
7. To financial institutions (including Government Sponsored
Enterprises), computer software companies and other Federal agencies
(including the Federal Reserve) to enhance program operations and
performance through automated underwriting, credit scoring and risk
management.
8. To other federal agencies (including the Federal Reserve) for
purposes of research not involving personally identifiable information,
to evaluate program effectiveness in meeting HUD's/FHA's mission, or to
inform policy makers on changes to effect program improvements.
9. To the Department's Office of Policy Development Research and
its researchers for mortgage credit evaluations and statistical
analysis.
10. To contractors, grantees, experts, consultants, and the agents
thereof, and others performing or working on a contract, service,
grant, cooperative agreement with HUD, when necessary to accomplish an
agency function related to these system of records, limited to only
those data elements considered relevant to accomplishing an agency
function. Individuals provided information under this routine use is
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to HUD officers and employees. To
contractors, experts, consultants with whom HUD has a contract, service
agreement or other assignment of the Department, when necessary to
utilize relevant data for purposes of testing new technology and
systems designed to enhance program operations and performance.
11. To third party fee collection service when needed for payment
of certified housing counselor examination fees. Only legal name,
address for credit card billing, and telephone number will be released.
12. To the general public to verify if a certified housing
counselor identification number is valid. Only certified housing
counselor first and last name and housing counseling agency(ies) that
employ this counselor will be released under this be routine use for
valid certified housing counselor identification numbers. The
information will be released to any interested person only through a
specific Web page on either www.hud.gov or the HUD Exchange designated
by HUD.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on magnetic tape/disc/drum. If
paper records are generated, they will be stored from unauthorized use
and stored at the Federal Records facility.
RETRIEVABILITY:
Electronic/paper records are retrieved by case number, name, social
security number housing counselor ID number, or other identification
number. Office of Housing Counseling Staff will be able to retrieve
counselor employment history for specific time periods. The general
public will be able to verify if a counselor is currently certified by
HUD through a public access Web page on HUD.gov or HUD Exchange. The
public search will identify the name of the housing counselor and
agency(ies) the counselor is employed by. Full access to HUD Certified
Housing Counselor Database information in CHUMS will be limited to a
few individuals on an as-needed basis for compliance purposes.
SAFEGUARDS:
Electronic records are maintained in secure areas, and access is
limited to authorized personnel.
RETENTION AND DISPOSAL:
Current Procedures: Data is retained online for 13 months after the
date of endorsement, or 13-18 months for non-endorsed cases, and then
archived. The archived data can be retrieved upon request. In archive
data, CHUMS retains case data indefinitely. The Records Retention
Schedule for CHUMS/F17 is listed in the HUD Records Disposition
Schedules Handbook (2225.6), Schedule 20,\3\ and Single Family Home
Mortgage Insurance Program Records.
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FUTURE PROCEDURES:
Processes are being put in place to align all practices where
information will be retained, archived, then destroyed in accordance
with HUD approved Records Disposition Schedule Handbook (2225.6),
Schedule 20. According to Records Management Office and Schedule 20 of
HUD's Record Retention Schedule, records will be retained, archived,
and destroyed a minimum of 6 years after the term of the mortgage. In
some cases, this may be up to 36 years, at which time the information
should be transferred to NARA. The transfer of the data would eliminate
the concern of not having access to the information if needed in the
future. The records collected and stored for HUD Certified Housing
Counselor Certification and/or Client Housing Counseling Certificates
that reside in the systems will be kept for a minimum 10 years after
the final action is taken on the file, document, and/or transaction.
Longer retention is authorized if required for business use (Reference:
GRS 1.2 DAA-GRS-2013-0008-0001). After the record retention
requirements have been met (a minimum of 10 years), the data and
records can be purged or deleted from the system. Backup and Recovery
digital media will be destroyed or otherwise rendered irrecoverable per
NIST SP 800-88 ``Guidelines for Media Sanitization'' (September 2006).
This complies with all Federal regulations.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Single Family Program Development, Department
of Housing and Urban Development, 451 Seventh Street SW., Washington,
DC 20410.
NOTIFICATION AND RECORD ACCESS PROCEDURES:
For Information, assistance, or inquiries about the existence of
records, contact Helen Goff Foster, Chief Privacy Officer/Senior Agency
Official for Privacy, 451 Seventh Street SW., Room 10139, Washington,
DC 20410, telephone number 202-402-6836 (this is not a toll-free
number). When seeking records about yourself from this system of
records or any other HUD system of records, your request must conform
with the Privacy Act regulations set forth in 24 CFR part 16
``Procedures for Inquiries''. You must first verify your identity by
providing your full name, current address, and date and place of birth.
You must sign your request, and your signature must either be notarized
or submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. In
addition, your request should:
(1) Explain why you believe HUD would have information on you.
(2) Identify which HUD office you believe has the records about
you.
(3) Specify when you believe the records would have been created.
(4) Provide any other information that will help the FOIA staff
determine
[[Page 71755]]
which HUD office may have responsive records.
If you are seeking records pertaining to another living individual,
you must obtain a statement from that individual certifying their
agreement for you to access their records. Without the above
information, the HUD Office may not be able to conduct an effective
search, and your request may be denied due to lack of specificity or
lack of compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
The Department's rules for contesting contents of records and
appealing initial denials appear in 24 CFR part 16, ``Procedures for
Inquiries.'' Additional assistance may be obtained by contacting Helen
Goff Foster, Chief Privacy Officer/Senior Agency Official for Privacy,
451 Seventh Street SW., Room 10139, Washington, DC 20410, or the HUD
Departmental Privacy Appeals Officer, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 10110, Washington, DC 20410.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from: Mortgagors, appraisers,
inspectors, mortgagee staff appraisers, mortgagee staff underwriters,
housing counselors, individuals that pass the HUD Certified Housing
Counselor examination, HUD Housing Counseling Program clients that
receive education and counseling from a HUD participating housing
counseling agency, and HUD employees.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 2016-25177 Filed 10-17-16; 8:45 am]
BILLING CODE 4210-67-P
