Privacy Act of 1974; System of Records, 48162-48165 [2019-19713]
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48162
Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
BILLING CODE 9110–12–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6146–N–08]
Privacy Act of 1974; System of
Records
Office of Chief information
Officer, U.S. Department of Housing and
Urban Development.
ACTION: Notice of amended Privacy Act
System of Records.
AGENCY:
In accordance with the
Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Housing and Urban
Development, Office of Chief
Information Office, is giving notice that
it intends to amend one of its systems
of records published in the Federal
Register, FR–6009–N–02. This update
expands the existing system of records
notice to authorize HUD’s Enterprise
Data Management (EDM) to collect and
maintain information for mandatory
transparency reporting requirements,
such as the Federal Funding
Accountability and Transparency Act
(FFATA) and the Digital Accountability
and Transparency Act (DATA Act).
HUD is continuing to upgrade its data
management, data warehousing, data
mining and data security capabilities
from current outdated legacy databases
to the EDM platform.
DATES: October 15, 2019.
Comments Due Date: October 15,
2019.
SUMMARY:
You may submit comments,
identified by docket number and title,
by one of the following methods:
Federal e-Rulemaking Portal: https://
www.regulation.gov. Follow the
instructions provided on that site to
submit comments electronically.
Fax: 202–619–8365.
Email: privacy@hud.gov.
Mail: Attention: Housing and Urban
and Development, The Privacy Office;
John Bravacos, Chief Privacy Officer
(Acting), 451 Seventh Street SW, Room
10139, Washington, DC 20410.
Instructions: All submission received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulation.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
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ADDRESSES:
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The
Privacy Office, 451 Seventh Street SW,
Room 10139, Washington, DC 20410,
telephone number 202–708–3054 (this
is not a toll-free number). Individuals
who are hearing- and speech-impaired
may access this telephone number via
TTY by calling the Federal Relay
Service at 800–877–8339 (this is a tollfree number).
SUPPLEMENTARY INFORMATION: In
accordance with the Privacy Act of
1974, 5 U.S.C. 552a, in June 2017, the
Department of Housing and Urban
Development (HUD) Office of Chief
Information Officer (OCIO) established a
new HUD system of records titled,
‘‘Enterprise Data Management (EDM)
System of Records.’’ This system of
records is operated by HUD’s OCIO, and
it will be developed in several phases.
The initial phase included personally
identifiable information (PII) about
borrowers of Federal Housing
Administration (FHA)-insured singlefamily mortgages, employees of FHAapproved lending institutions, thirdparties associated with FHA/HUD
transactions such as appraisers and
HUD personnel associated with single
family transactions.
OCIO has established an EDM
environment, which includes a modern
‘‘Data Lake’’; a centralized data
environment to onboard HUD data for
use in analytical reporting. The EDM
also serves as the centralized
environment for systems to consume
data from HUD systems (eliminating
point to point interfaces). In accordance
with Section 203, National Housing Act,
Public Law 73–479; and 42 U.S.C. 3543,
titled ‘‘Preventing fraud and abuse in
Department of Housing and Urban
Development programs’’ enacted as part
of the Housing and Community
Development Act of 1987, the EDM and
data lake enables HUD data consumers
to gain new insights that will allow
HUD to better identify trends and
previously unknown risk drivers, thus
strengthening its risk management and
fraud prevention framework.
EDM extracts data from multiple
source systems for analysis and
reporting. EDM provides query and
reporting tools that aid in supporting
HUD’s oversight activities, market and
economic assessment, public and
stakeholder communication, financial
and transparency reporting, planning
and performance evaluation, policies
and guidelines promulgation, and
monitoring and enforcement. Making
data available from the HUD source
systems will involve Data Extraction,
Transformation, and Load (ETL) into the
EDM environment. The type of HUD
FOR FURTHER INFORMATION CONTACT:
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source system (e.g., mainframe,
relational database management system
(RDBMS), hierarchical) will determine
the approach and the tools that will be
used to extract the data. EDM extracts
data from multiple source systems for
analysis and reporting. The following
lists the type of information collected
from Source Systems for the initial
phase of EDM:
• Mortgagors: Name, addresses, date
of birth, social security number, and
racial/ethnic background (if disclosed)
which are supplied by lenders through
Automated Underwriting Systems
during the mortgage application and
underwriting process.
• Parties Involved with Transaction:
Name, addresses, and identifying
numbers which are supplied by the
lender or the individual.
• Mortgage Details: Data regarding
current and former FHA insured
mortgages which includes underwriting
data, such as: Loan-to-value ratios and
expense ratios; original terms, such as:
Mortgage amount, interest rate, term in
months; status of the mortgage
insurance; and history.
• Aggregated measures of the data
stated above to enable statistical
reporting and analysis of trends.
The following lists the type of
information collected and maintained
for the update of EDM to support
transparency reporting requirements,
such as FFATA and the DATA Act:
• Summary Financial Information—
Treasury Account Symbols, United
States Standard General Ledger (USSGL)
Account Balances, Program Activity
Codes and Names, and Budget Object
Class Codes.
• Award Financial Information—
Parent Award Identification Numbers,
Procurement Instrument Identification
Numbers, Contract Obligation and Deobligation Amounts.
• Procurement Information—Award
Recipients, Recipient Address
Information, and other Demographic
Indicators sourced from the Federal
Procurement Data System (FPDS).
• DATA Act Review and Submission
Data—DATA Act Broker Submission ID,
Warning and Error Codes, HUD Review
Details (Timestamp, Reviewer ID).
SYSTEM NAME AND NUMBER:
HUD/OCIO–002 Enterprise Data
Management (EDM).
SECURITY CLASSIFICATION:
Not classified.
SYSTEM LOCATION:
EDM is hosted at the Department of
Housing and Urban Development, 451
Seventh Street SW, Washington, DC
20410.
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SYSTEM MANAGER(S):
Russel Burns, Chief Technology
Officer (Acting), 451 7th Street SW,
Room 4250 Washington, DC 20410 202–
402–3182.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Enterprise Data Management
environment is authorized by Chapter
113 of Title 40 of the US Code, (40
U.S.C. 11311 et seq.); the Department of
Housing and Urban Development
Appropriations Act, 2019 (Title II,
Division G, Pub. L. 116–6); and in
accordance with the Data
Accountability and Transparency Act of
2014 (Pub. L. 113–101). The system is
maintained in accordance with Section
203, National Housing Act, Public Law
73–479; and 42 U.S.C. § 3543, titled
‘‘Preventing fraud and abuse in
Department of Housing and Urban
Development programs’’ enacted as part
of the Housing and Community
Development Act of 1987, which
permits the collection of Social Security
Numbers.
PURPOSE(S) OF THE SYSTEM:
EDM replaces HUD’s current data
storage, retrieval and warehousing
capabilities. EDM will be implemented
in phases across HUD, and the first
phase was to directly support the new
Loan Review System (LRS). It collects
data from certain specified source
systems and returns it to LRS.
Subsequent phases will collect data
from other source systems, and
ultimately will replace all existing data
warehouses across HUD. This SORN
update is to reflect additional source
systems required for FFATA and the
DATA Act, as well as update the
categories of data collected to support
these transparency reporting
requirements. No additional information
about individuals is collected or
reported as part of this update.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The initial phase of EDM covered
individuals who have obtained a
mortgage insured under FHA’s single
family mortgage insurance programs, for
example:
• Individuals who have assumed
such a mortgage;
• Individuals involved in appraising,
underwriting, or servicing the mortgage
(commonly referred to as ‘‘mortgagee/
lender’’).
This SORN update for EDM covers
transparency reporting legislation
requirements—FFATA, and the DATA
Act, which requires reporting of
summary financial information, contract
details, and financial assistance (loan
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and grant) transaction information. HUD
transparency reporting is published on
an external website, USASpending.gov.
No information regarding individuals is
collected in EDM for FFATA and DATA
Act reporting purposes, and governing
policy from OMB is such that PII is
protected and not reported publicly.
CATEGORIES OF RECORDS IN THE SYSTEM:
The initial categories of records
maintained by the system included:
• Appraiser: First Name, Last Name,
Middle Name, Suffix.
• Case Borrower(s): Borrower(s) Full
Name, Borrower(s) Social Security
number, Non-Borrowing Spouse Social
Security number
• Loan Officer: First Name, Last
Name, Middle Name.
• Case Property: Basement Code,
Neighborhood Percentage Owned,
Neighborhood Predominate, Price,
Subdivision Indicator, Property
Acquisition Date, Property Street,
Property Conversion Type, Rural
Neighborhood Code, Neighborhood
Single Family Home Percentage,
Subdivision Lot Indicator, Building
Type, Date of Sale or Transfer, Sale
Amount, Year Built, City, Zip, Geocode
Flag, Underserved Indicator, Block, Lot,
House Number, Street Number. FHA
Case Information: Federal Housing
Administration (FHA) Case Number,
Case Established Date, Case
Reinstatement Date, Case Type,
Originating Mortgage ID, Sponsor
Mortgagee ID, Loan Officer Nationwide
Multistate Licensing System (NMLS) ID,
Underwriter Name, Underwriter ID.
Mortgagee (Lender) Branch: Branch
Type, Branch ID, Mortgagee Institution
ID, Mortgagee Institution Name,
Mortgagee Institution Type, Mortgagee
Nationwide Multistate Licensing System
(NMLS) ID, Mortgagee Status, HUD
Employees: Names and identification of
all HUD employees who have access to
the system records. Also, identification
information is stored for employees who
work with mortgage applications
through FHA Connection. Servicing
Status: Servicing Status, Claims, and
Indemnification Agreement. New
records collected and maintained by the
system to support FFATA and DATA
Act reporting include the following:
Summary Budget and Financial
Information—Treasury Account
Symbol, Program Activities, Budget
Object Class, and Obligation and Outlay
information, General Ledger balances.
• Contract Information—Contract ID,
Obligation Amount, De-obligation
Amount, Parent Award ID, Contract
Recipient, Contractor Address and
Demographic Information, Contract
Award Type.
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• Title I Insurance, Home Equity
Conversation Mortgage (HECM), and
Multifamily Loan Endorsement Data—
FHA Case/Project Number, Lender ID,
Loan Amount, Section of Act Code, Risk
Category, Origination Date.
• DATA Act Review and Submission
Data—DATA Act Broker Submission ID,
Warning and Error Codes, HUD Review
Details (Timestamp, Reviewer ID).
RECORD SOURCE CATEGORIES:
Mortgagors, appraisers, mortgagee
staff, underwriters, and HUD employees
provide data to the originating source
systems then pass their data to the
Enterprise Data Warehouse used in
EDM:
• A43—Single Family Insurance
System (SFIS)
• A43C—Single Family Claims
Subsystem (SFCS)
• F17—Computerized Homes
Underwriting Management System
(CHUMS)
• F17T—TOTAL Mortgage Scorecard
(TOTAL)
• F42D—Single Family Default
Monitoring System (SFDMS)
• P2710 Home Equity Reverse
Mortgage Information System (HERMIT)
• P278—Lender Electronic
Assessment Portal (LEAP)
• P303—Loan review System (LRS)
To support DATA Act reporting, the
following systems will provide data to
EDM:
• P085—Comprehensive Servicing
and Monitoring System (CSMS)
• F24A—Development Application
Processing System (DAP)
• P013—FHA Subsidiary Ledger
(FHA–SL)
• A80S—Single Family Acquired
Asset Management System (SAMS)
• F72—Title I Insurance and Claims
System (TIIS)
• A15—Geocoding Service Center
(GSC)
• P237—Ginnie Mae Financial and
Accounting System (GFAS)
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
in this system may be disclosed to
authorized entities, as determined to be
relevant and necessary, outside the
Department of Housing and Urban
Development (HUD) as a routine use
pursuant to 5 U.S.C. 552a(b)(3):
1. To appropriate agencies, entities,
and persons when (1) HUD suspects or
has confirmed that there has been a
breach of the system of records, (2) HUD
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has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, HUD
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) 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
breach or to prevent, minimize, or
remedy such harm.
2. To another Federal agency or
Federal entity, when HUD determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
3. To the National Archives and
Records Administration (NARA) and the
General Services Administration (GSA)
for records having sufficient historical
or other value to warrant its continued
preservation by the United States
Government, or for inspection under the
authority of Title 44, Chapter 29, of the
United States.
4. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual.
5. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
HUD, when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to HUD
officers and employees.
6. To contractors, grantees, experts,
consultants, Federal agencies, and nonFederal entities, including, but not
limited to, State and local governments
and other research institutions or their
parties, and entities and their agents
with whom HUD has a contract, service
agreement, grant, or cooperative
agreement, when necessary to
accomplish an agency function related
to a system of records, for the purposes
of statistical analysis and research in
support of program operations,
management, performance monitoring,
evaluation, risk management, and policy
development, or to otherwise support
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the Department’s mission. Records
under this routine use may not be used
in whole or in part to make decisions
that affect the rights, benefits, or
privileges of specific individuals. The
results of the matched information may
not be disclosed in identifiable form.
7. To the American Public in support
of Public Law 113–01, the Digital
Accountability and Transparency Act of
2014 (DATA Act) and Public Law 109–
282, the Federal Funding Accountability
and Transparency Act of 2006 (FFATA),
for the purposes of reviewing reliable
and consistent reporting of federal
spending data of federal agency
obligations and expenditures through
the publicly accessible website,
USASpending.gov.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
EDM will be stored in compliance
with 36 CFR 1236.10 regulations on
recordkeeping management controls in a
Federal Risk and Authorization
Management Program (FedRAMP)
compliant network. There are no paper
records associated with EDM.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information is currently retrieved
from EDM using a series of key
identifiers (e.g., FHA Case Number,
Project Number, etc.). User access to
query information in the EDM does not
exist. EDM supports only system-tosystem interfaces.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Electronic information maintained in
EDM is retrieved from originating
recordkeeping systems and is retained
indefinitely for future access. This
information does not meet the federal
definition of a record as it is not
evidence of the organization, functions,
policies, decisions, procedures,
operations, or other activities. This
information is duplicated copies of
record content preserved for
convenience to facilitate new record
creation 44 U.S.C. 3301. As subsequent
phases of EDM are completed, specific
retention periods and disposal
procedures will be evaluated and
defined for those records in accordance
with the HUD Records Schedule in the
HUD Records Disposition Schedules
Handbook (2225.6), or the NARA
publication, General Records Schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
HUD has developed a system security
plan of controls for ensuring and
protecting Microsoft Azure Government
Cloud in accordance with applicable
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laws. End users cannot directly access
the Enterprise Data Warehouse in EDM.
Data exchange with other HUD systems
is precisely specified and occurs only
through secure interfaces. Encryption of
data both at rest and in motion is
enabled on a selective basis. EDM is
subject to compliance with all Federal
requirements and adheres to its
approved system security plans (SSP).
RECORD ACCESS PROCEDURES:
For Information, assistance, or
inquiries about records, contact John
Bravacos, Senior Agency Official for
Privacy, 451 Seventh Street SW, Room
10139, Washington, DC 20410,
telephone number (202) 708–3054.
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.
You must first verify your identity, by
providing your full name, 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.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying their agreement for
you to access their records. Without the
above information, the HUD FOIA
Office may not conduct an effective
search, and your request may be denied
due to lack of specificity or lack of
compliance with regulations.
CONTESTING RECORD PROCEDURES:
The Department’s rules for contesting
contents of records and appealing initial
denials appear in 24 CFR part 16,
Implementation of the Privacy Act of
1974. Additional assistance may be
obtained by contacting John Bravacos,
Senior Agency Official for Privacy, 451
Seventh Street SW, Room 10139,
Washington, DC 20410, or the HUD
Departmental Privacy Appeals Officers,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 10110,
Washington DC 20410.
NOTIFICATION PROCEDURES:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the Privacy Office
at the address provided above or to the
component’s FOIA Officer, whose
contact information can be found at
https://www.hud.gov/foia under
‘‘contact.’’ If an individual believes
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more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Senior Agency Official for
Privacy, HUD, 451 Seventh Street SW,
Room 10139, Washington, DC 20410.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
EDM SORN was originally published
in: DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT [Docket No.
FR–6009–N–02] Privacy Act of 1974:
Enterprise Data Management (EDM)
System of Records.
Dated: August 26, 2019.
John G. Bravacos,
Senior Agency Official for Privacy.
[FR Doc. 2019–19713 Filed 9–11–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6170–N–01]
Notice of Neighborhood Stabilization
Program; Changes to Closeout
Requirements Related to Program
Income Amendment
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This notice describes changes
to closeout requirements applied to, and
additional regulations waived for,
grantees receiving grants in the three
rounds of funding under the
Neighborhood Stabilization Program,
who are also grantees in the Community
Development Block Grant (CDBG)
program.
SUMMARY:
DATES:
Applicable Date: September 12,
2019.
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FOR FURTHER INFORMATION CONTACT:
Jessie Handforth Kome, Acting Director,
Office of Block Grant Assistance, Office
of Community Planning and
Development, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 7282, Washington, DC
20410; telephone number 202–708–3587
(this is not a toll-free number). Persons
with hearing or speech impairments
may access this number via TTY by
calling the Federal Relay at 800–877–
8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Neighborhood Stabilization
Program (NSP) was established by
Division B, Title III of the Housing and
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Economic Recovery Act of 2008 (HERA)
(Pub. L. 110–289, approved July 30,
2008), for the stabilization of
communities that have suffered from
residential foreclosures and
abandonment. As established by HERA,
NSP provided grants to all states and
selected local governments on a formula
basis. The American Recovery and
Reinvestment Act of 2009 (Recovery
Act) (division A, title XII of Pub. L. 111–
5, approved February 17, 2009)
authorized additional NSP grants to be
awarded to states, local governments,
nonprofits and a consortium of
nonprofit entities, but on a competitive
basis. The Recovery Act also authorized
funding for national and local technical
assistance providers to support NSP
grantees. The Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Dodd-Frank Act) (Pub. L. 111–203,
approved July 21, 2010) authorized a
third round of NSP grants to all states
and select units of general local
governments (UGLG) on a formula basis.
The purpose of the funds awarded
under the three rounds of NSP is to
target the stabilization of neighborhoods
negatively affected by residential
properties that have been foreclosed
upon or abandoned. The Notice of
Formula Allocations and Program
Requirements for Neighborhood
Stabilization Program Formula Grants,
published October 19, 2010 (75 FR
64322) (‘‘Unified NSP Notice’’), as
amended, provides further background
for these programs, the program
principles, and the objectives and
outcomes of the NSP program. The
Notice of Neighborhood Stabilization
Program; Closeout Requirements and
Recapture (Closeout Notice), published
November 27, 2012 (77 FR 70799), as
amended, amended the Unified NSP
Notice by adding grant closeout and
related provisions. In addition, the
Notice of Funding Availability (NOFA)
for the Neighborhood Stabilization
Program 2 Under the American
Recovery and Reinvestment Act, 2009,
74 FR 21377 (May 7, 2009), as amended
by subsequent notices (‘‘NSP2 NOFA’’),
includes requirements specific to the
competitive round of funding under the
Recovery Act.
II. This Notice
The primary purpose of this Notice is
to hasten the expenditure of remaining
grant funds to facilitate closeout of all
open NSP grants, given that most
originally planned program activities
are at or near completion. To facilitate
that purpose, this notice eliminates the
requirement that NSP2 and NSP3
grantees must use the HUD Foreclosure
Need website to identify new target
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48165
areas before using NSP funds. It also
provides additional guidance related to
NSP program income, as well as
encourages the use of existing
Community Development Block Grant
formula funds to leverage investments
in targeted areas.
Targeting New Areas of Need
For all three rounds of NSP, HERA
required that grantees give priority
emphasis to geographic areas of greatest
need. To implement this requirement,
HUD developed a Foreclosure Need
website and mapping tools and required
NSP2 and NSP3 grantees to use the
HUD data to identify target areas with
an individual or average combined
index score of not less than lesser of 17
or the 20th percentile most needy score
in an individual state. NSP1 grantees
were encouraged, but not required, to
use the HUD data. Because the program
has expended 98% of the $8.639 billion
in grant funds and program income,
HUD is no longer updating the
Foreclosure Need websites and mapping
tools. Moreover, HUD has observed that
grantees have largely served their
identified areas of greatest need.
In identifying new target areas, HUD
supports the ability of NSP grantees to
use these funds in Opportunity Zones.
Created by the 2017 Tax Cut and Jobs
Act, the Opportunity Zone tax
incentives are designed to stimulate
private investment in designated, lowincome census tracts and allows
individuals and companies to invest
equity in real estate projects or in
businesses in these communities. It does
so by enabling them to temporarily defer
and reduce their tax liability on
investments in privately- or publicly
managed Qualified Opportunity Funds.
These Qualified Opportunity Funds
must invest funds in real estate projects
or businesses located in designated
Opportunity Zones. Moreover, if
investors leave their investments in
these funds long-term, the profits they
make on their Qualified Opportunity
Fund investments will not be taxed.
Since the passage of the law,
Opportunity Zones (OZ) have been
designated in all 50 states, the District
of Columbia, Puerto Rico, and in Insular
Areas. The number of census tracts in a
State that were eligible for designation
as Opportunity Zones could not have
exceeded 25 percent of the number of
census tracts in the State that are ‘‘lowincome communities’’ (LIC).
Census tracts were eligible for
designation as Opportunity Zones if
they satisfied the definition of a ‘‘lowincome community’’ per § 45D(e) of the
Internal Revenue Code. The term ‘‘lowincome community’’ means any
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Agencies
[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48162-48165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19713]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6146-N-08]
Privacy Act of 1974; System of Records
AGENCY: Office of Chief information Officer, U.S. Department of Housing
and Urban Development.
ACTION: Notice of amended Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Housing and Urban Development, Office of Chief
Information Office, is giving notice that it intends to amend one of
its systems of records published in the Federal Register, FR-6009-N-02.
This update expands the existing system of records notice to authorize
HUD's Enterprise Data Management (EDM) to collect and maintain
information for mandatory transparency reporting requirements, such as
the Federal Funding Accountability and Transparency Act (FFATA) and the
Digital Accountability and Transparency Act (DATA Act). HUD is
continuing to upgrade its data management, data warehousing, data
mining and data security capabilities from current outdated legacy
databases to the EDM platform.
DATES: October 15, 2019.
Comments Due Date: October 15, 2019.
ADDRESSES: You may submit comments, identified by docket number and
title, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulation.gov. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: [email protected].
Mail: Attention: Housing and Urban and Development, The Privacy
Office; John Bravacos, Chief Privacy Officer (Acting), 451 Seventh
Street SW, Room 10139, Washington, DC 20410.
Instructions: All submission received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulation.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: The Privacy Office, 451 Seventh Street
SW, Room 10139, Washington, DC 20410, telephone number 202-708-3054
(this is not a toll-free number). Individuals who are hearing- and
speech-impaired may access this telephone number via TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, in June 2017, the Department of Housing and Urban
Development (HUD) Office of Chief Information Officer (OCIO)
established a new HUD system of records titled, ``Enterprise Data
Management (EDM) System of Records.'' This system of records is
operated by HUD's OCIO, and it will be developed in several phases. The
initial phase included personally identifiable information (PII) about
borrowers of Federal Housing Administration (FHA)-insured single-family
mortgages, employees of FHA-approved lending institutions, third-
parties associated with FHA/HUD transactions such as appraisers and HUD
personnel associated with single family transactions.
OCIO has established an EDM environment, which includes a modern
``Data Lake''; a centralized data environment to onboard HUD data for
use in analytical reporting. The EDM also serves as the centralized
environment for systems to consume data from HUD systems (eliminating
point to point interfaces). In accordance with Section 203, National
Housing Act, Public Law 73-479; and 42 U.S.C. 3543, titled ``Preventing
fraud and abuse in Department of Housing and Urban Development
programs'' enacted as part of the Housing and Community Development Act
of 1987, the EDM and data lake enables HUD data consumers to gain new
insights that will allow HUD to better identify trends and previously
unknown risk drivers, thus strengthening its risk management and fraud
prevention framework.
EDM extracts data from multiple source systems for analysis and
reporting. EDM provides query and reporting tools that aid in
supporting HUD's oversight activities, market and economic assessment,
public and stakeholder communication, financial and transparency
reporting, planning and performance evaluation, policies and guidelines
promulgation, and monitoring and enforcement. Making data available
from the HUD source systems will involve Data Extraction,
Transformation, and Load (ETL) into the EDM environment. The type of
HUD source system (e.g., mainframe, relational database management
system (RDBMS), hierarchical) will determine the approach and the tools
that will be used to extract the data. EDM extracts data from multiple
source systems for analysis and reporting. The following lists the type
of information collected from Source Systems for the initial phase of
EDM:
Mortgagors: Name, addresses, date of birth, social
security number, and racial/ethnic background (if disclosed) which are
supplied by lenders through Automated Underwriting Systems during the
mortgage application and underwriting process.
Parties Involved with Transaction: Name, addresses, and
identifying numbers which are supplied by the lender or the individual.
Mortgage Details: Data regarding current and former FHA
insured mortgages which includes underwriting data, such as: Loan-to-
value ratios and expense ratios; original terms, such as: Mortgage
amount, interest rate, term in months; status of the mortgage
insurance; and history.
Aggregated measures of the data stated above to enable
statistical reporting and analysis of trends.
The following lists the type of information collected and
maintained for the update of EDM to support transparency reporting
requirements, such as FFATA and the DATA Act:
Summary Financial Information--Treasury Account Symbols,
United States Standard General Ledger (USSGL) Account Balances, Program
Activity Codes and Names, and Budget Object Class Codes.
Award Financial Information--Parent Award Identification
Numbers, Procurement Instrument Identification Numbers, Contract
Obligation and De-obligation Amounts.
Procurement Information--Award Recipients, Recipient
Address Information, and other Demographic Indicators sourced from the
Federal Procurement Data System (FPDS).
DATA Act Review and Submission Data--DATA Act Broker
Submission ID, Warning and Error Codes, HUD Review Details (Timestamp,
Reviewer ID).
SYSTEM NAME AND NUMBER:
HUD/OCIO-002 Enterprise Data Management (EDM).
SECURITY CLASSIFICATION:
Not classified.
SYSTEM LOCATION:
EDM is hosted at the Department of Housing and Urban Development,
451 Seventh Street SW, Washington, DC 20410.
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SYSTEM MANAGER(S):
Russel Burns, Chief Technology Officer (Acting), 451 7th Street SW,
Room 4250 Washington, DC 20410 202-402-3182.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Enterprise Data Management environment is authorized by Chapter
113 of Title 40 of the US Code, (40 U.S.C. 11311 et seq.); the
Department of Housing and Urban Development Appropriations Act, 2019
(Title II, Division G, Pub. L. 116-6); and in accordance with the Data
Accountability and Transparency Act of 2014 (Pub. L. 113-101). The
system is maintained in accordance with Section 203, National Housing
Act, Public Law 73-479; and 42 U.S.C. Sec. 3543, titled ``Preventing
fraud and abuse in Department of Housing and Urban Development
programs'' enacted as part of the Housing and Community Development Act
of 1987, which permits the collection of Social Security Numbers.
PURPOSE(S) OF THE SYSTEM:
EDM replaces HUD's current data storage, retrieval and warehousing
capabilities. EDM will be implemented in phases across HUD, and the
first phase was to directly support the new Loan Review System (LRS).
It collects data from certain specified source systems and returns it
to LRS. Subsequent phases will collect data from other source systems,
and ultimately will replace all existing data warehouses across HUD.
This SORN update is to reflect additional source systems required for
FFATA and the DATA Act, as well as update the categories of data
collected to support these transparency reporting requirements. No
additional information about individuals is collected or reported as
part of this update.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The initial phase of EDM covered individuals who have obtained a
mortgage insured under FHA's single family mortgage insurance programs,
for example:
Individuals who have assumed such a mortgage;
Individuals involved in appraising, underwriting, or
servicing the mortgage (commonly referred to as ``mortgagee/lender'').
This SORN update for EDM covers transparency reporting legislation
requirements--FFATA, and the DATA Act, which requires reporting of
summary financial information, contract details, and financial
assistance (loan and grant) transaction information. HUD transparency
reporting is published on an external website, USASpending.gov. No
information regarding individuals is collected in EDM for FFATA and
DATA Act reporting purposes, and governing policy from OMB is such that
PII is protected and not reported publicly.
CATEGORIES OF RECORDS IN THE SYSTEM:
The initial categories of records maintained by the system
included:
Appraiser: First Name, Last Name, Middle Name, Suffix.
Case Borrower(s): Borrower(s) Full Name, Borrower(s)
Social Security number, Non-Borrowing Spouse Social Security number
Loan Officer: First Name, Last Name, Middle Name.
Case Property: Basement Code, Neighborhood Percentage
Owned, Neighborhood Predominate, Price, Subdivision Indicator, Property
Acquisition Date, Property Street, Property Conversion Type, Rural
Neighborhood Code, Neighborhood Single Family Home Percentage,
Subdivision Lot Indicator, Building Type, Date of Sale or Transfer,
Sale Amount, Year Built, City, Zip, Geocode Flag, Underserved
Indicator, Block, Lot, House Number, Street Number. FHA Case
Information: Federal Housing Administration (FHA) Case Number, Case
Established Date, Case Reinstatement Date, Case Type, Originating
Mortgage ID, Sponsor Mortgagee ID, Loan Officer Nationwide Multistate
Licensing System (NMLS) ID, Underwriter Name, Underwriter ID. Mortgagee
(Lender) Branch: Branch Type, Branch ID, Mortgagee Institution ID,
Mortgagee Institution Name, Mortgagee Institution Type, Mortgagee
Nationwide Multistate Licensing System (NMLS) ID, Mortgagee Status, HUD
Employees: Names and identification of all HUD employees who have
access to the system records. Also, identification information is
stored for employees who work with mortgage applications through FHA
Connection. Servicing Status: Servicing Status, Claims, and
Indemnification Agreement. New records collected and maintained by the
system to support FFATA and DATA Act reporting include the following:
Summary Budget and Financial Information--Treasury Account Symbol,
Program Activities, Budget Object Class, and Obligation and Outlay
information, General Ledger balances.
Contract Information--Contract ID, Obligation Amount, De-
obligation Amount, Parent Award ID, Contract Recipient, Contractor
Address and Demographic Information, Contract Award Type.
Title I Insurance, Home Equity Conversation Mortgage
(HECM), and Multifamily Loan Endorsement Data--FHA Case/Project Number,
Lender ID, Loan Amount, Section of Act Code, Risk Category, Origination
Date.
DATA Act Review and Submission Data--DATA Act Broker
Submission ID, Warning and Error Codes, HUD Review Details (Timestamp,
Reviewer ID).
RECORD SOURCE CATEGORIES:
Mortgagors, appraisers, mortgagee staff, underwriters, and HUD
employees provide data to the originating source systems then pass
their data to the Enterprise Data Warehouse used in EDM:
A43--Single Family Insurance System (SFIS)
A43C--Single Family Claims Subsystem (SFCS)
F17--Computerized Homes Underwriting Management System
(CHUMS)
F17T--TOTAL Mortgage Scorecard (TOTAL)
F42D--Single Family Default Monitoring System (SFDMS)
P2710 Home Equity Reverse Mortgage Information System
(HERMIT)
P278--Lender Electronic Assessment Portal (LEAP)
P303--Loan review System (LRS)
To support DATA Act reporting, the following systems will provide
data to EDM:
P085--Comprehensive Servicing and Monitoring System (CSMS)
F24A--Development Application Processing System (DAP)
P013--FHA Subsidiary Ledger (FHA-SL)
A80S--Single Family Acquired Asset Management System
(SAMS)
F72--Title I Insurance and Claims System (TIIS)
A15--Geocoding Service Center (GSC)
P237--Ginnie Mae Financial and Accounting System (GFAS)
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 in this system may be disclosed to authorized entities, as
determined to be relevant and necessary, outside the Department of
Housing and Urban Development (HUD) as a routine use pursuant to 5
U.S.C. 552a(b)(3):
1. To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed that there has been a breach of the system of
records, (2) HUD
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has determined that as a result of the suspected or confirmed breach
there is a risk of harm to individuals, HUD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) 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 breach or to prevent,
minimize, or remedy such harm.
2. To another Federal agency or Federal entity, when HUD determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
3. To the National Archives and Records Administration (NARA) and
the General Services Administration (GSA) for records having sufficient
historical or other value to warrant its continued preservation by the
United States Government, or for inspection under the authority of
Title 44, Chapter 29, of the United States.
4. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual.
5. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for HUD, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to HUD officers and employees.
6. To contractors, grantees, experts, consultants, Federal
agencies, and non-Federal entities, including, but not limited to,
State and local governments and other research institutions or their
parties, and entities and their agents with whom HUD has a contract,
service agreement, grant, or cooperative agreement, when necessary to
accomplish an agency function related to a system of records, for the
purposes of statistical analysis and research in support of program
operations, management, performance monitoring, evaluation, risk
management, and policy development, or to otherwise support the
Department's mission. Records under this routine use may not be used in
whole or in part to make decisions that affect the rights, benefits, or
privileges of specific individuals. The results of the matched
information may not be disclosed in identifiable form.
7. To the American Public in support of Public Law 113-01, the
Digital Accountability and Transparency Act of 2014 (DATA Act) and
Public Law 109-282, the Federal Funding Accountability and Transparency
Act of 2006 (FFATA), for the purposes of reviewing reliable and
consistent reporting of federal spending data of federal agency
obligations and expenditures through the publicly accessible website,
USASpending.gov.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
EDM will be stored in compliance with 36 CFR 1236.10 regulations on
recordkeeping management controls in a Federal Risk and Authorization
Management Program (FedRAMP) compliant network. There are no paper
records associated with EDM.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information is currently retrieved from EDM using a series of key
identifiers (e.g., FHA Case Number, Project Number, etc.). User access
to query information in the EDM does not exist. EDM supports only
system-to-system interfaces.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Electronic information maintained in EDM is retrieved from
originating recordkeeping systems and is retained indefinitely for
future access. This information does not meet the federal definition of
a record as it is not evidence of the organization, functions,
policies, decisions, procedures, operations, or other activities. This
information is duplicated copies of record content preserved for
convenience to facilitate new record creation 44 U.S.C. 3301. As
subsequent phases of EDM are completed, specific retention periods and
disposal procedures will be evaluated and defined for those records in
accordance with the HUD Records Schedule in the HUD Records Disposition
Schedules Handbook (2225.6), or the NARA publication, General Records
Schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
HUD has developed a system security plan of controls for ensuring
and protecting Microsoft Azure Government Cloud in accordance with
applicable laws. End users cannot directly access the Enterprise Data
Warehouse in EDM. Data exchange with other HUD systems is precisely
specified and occurs only through secure interfaces. Encryption of data
both at rest and in motion is enabled on a selective basis. EDM is
subject to compliance with all Federal requirements and adheres to its
approved system security plans (SSP).
RECORD ACCESS PROCEDURES:
For Information, assistance, or inquiries about records, contact
John Bravacos, Senior Agency Official for Privacy, 451 Seventh Street
SW, Room 10139, Washington, DC 20410, telephone number (202) 708-3054.
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. You must first verify your
identity, by providing your full name, 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. If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying their agreement for you to access their records. Without the
above information, the HUD FOIA Office may not conduct an effective
search, and your request may be denied due to lack of specificity or
lack of compliance with regulations.
CONTESTING RECORD PROCEDURES:
The Department's rules for contesting contents of records and
appealing initial denials appear in 24 CFR part 16, Implementation of
the Privacy Act of 1974. Additional assistance may be obtained by
contacting John Bravacos, Senior Agency Official for Privacy, 451
Seventh Street SW, Room 10139, Washington, DC 20410, or the HUD
Departmental Privacy Appeals Officers, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 10110, Washington DC 20410.
NOTIFICATION PROCEDURES:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the Privacy Office at the address
provided above or to the component's FOIA Officer, whose contact
information can be found at https://www.hud.gov/foia under ``contact.''
If an individual believes
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more than one component maintains Privacy Act records concerning him or
her, the individual may submit the request to the Senior Agency
Official for Privacy, HUD, 451 Seventh Street SW, Room 10139,
Washington, DC 20410.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
EDM SORN was originally published in: DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT [Docket No. FR-6009-N-02] Privacy Act of 1974:
Enterprise Data Management (EDM) System of Records.
Dated: August 26, 2019.
John G. Bravacos,
Senior Agency Official for Privacy.
[FR Doc. 2019-19713 Filed 9-11-19; 8:45 am]
BILLING CODE 4210-67-P