Privacy Act of 1974; System of Records, 87450-87452 [2023-27709]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87450-87452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27709]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7077-N-29]


Privacy Act of 1974; System of Records

AGENCY: Office of Housing, HUD.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of Housing and Urban Development (HUD), Office 
of Housing, Single Family Insurance Operations Division, is modify a 
system of records titled ``Single Family Insurance System.'' The 
Single-Family Insurance System (SFIS). The SFIS maintains all Federal 
Housing Administration (FHA)-insured Single-Family mortgage loan case 
records and is the primary repository of FHA's single family insured 
loan portfolio. This system of records is being revised to make 
clarifying changes within: System Location, System Manager, Record 
Authority for Maintenance of the System, Purpose of the System, 
Categories of Individuals Covered by the System, Categories of Records 
in the System, Records Source Categories, Routine Uses of Records 
Maintained in the System, Retrieval of Records, and Retention and 
Disposal of Records. The SORN modifications are outlined in the SORN 
SUPPLEMENTARY INFORMATION section.

DATES: Comments will be accepted on or before January 17, 2024. The 
SORN becomes effective immediately, while the routine uses become 
effective after the comment period immediately upon publication except 
for the routine uses, which will become effective on the date following 
the end of the comment period unless comments are received which result 
in a contrary determination.

ADDRESSES: You may submit comments, identified by docket number or by 
one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions provided on that site to submit comments electronically.
    Fax: 202-619-8365.
    Email: [email protected].
    Mail: Attention: Privacy Office; Mr. LaDonne White, Chief Privacy 
Officer; Office of the Executive Secretariat; 451 Seventh Street SW, 
Room 10139; Washington, DC 20410-0001.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to https://www.regulations.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: LaDonne White; 451 Seventh Street SW, 
Room 10139; Washington, DC 20410-0001; telephone number 202-708-3054 
(this is not a toll-free number). HUD welcomes and is prepared to 
receive calls from individuals who are deaf or hard of hearing, as well 
as individuals with speech or communication disabilities. To learn more 
about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION: HUD, Office of Housing, Single Family 
Operations Division, maintains the Single-Family Insurance System 
(SFIS) system. Specific changes to the SORN are explained below:

SYSTEM NAME AND NUMBER:
    Modified the systems title and code from ``Single Family Insurance 
System (SFIS) A43--Insurance-in-force (IIF) database, HSNG.SF/HWAFS.01 
to Single Family Insurance System HUD/HOU-04.

SECURITY CLASSIFICATION:
    Added systems of record classification status.

SYSTEM LOCATION:
    Replaced former data center location in West Virginia with new 
locations in Virginia, Mississippi, and Washington, DC.

SYSTEM MANAGER(S):
    Identified new system manager.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Updated with existing authorities that permit the maintenance of 
the systems records, by clarifying citations, correcting errors, and 
including relevant citations to the Code of Federal Regulations 
Statutes and regulations are listed below.

PURPOSE(S) OF THE SYSTEM:
    Updated to make clarifying changes to the systems purpose. This 
update does not impact the business requirements scoped for this 
system.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Reorganized this section to group and clarify individuals according 
to their program responsibilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Updated this section to clarify the records collected.

RECORDS SOURCE CATEGORIES:
    Updated with record sources for internal and external systems.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    HUD will make new disclosures from this system of records to 
authorized agencies and participants as described below. This will 
enable HUD to resolve disputes, implement remedial actions, test new 
technology, work with researchers, and respond to investigations for 
enforcement actions. HUD's responsiveness to records maintained by this 
system of records makes these disclosures appropriate. To keep track of 
legal, reporting, hearing, and procedural processes related to these 
documents, HUD may maintain summaries or details on these disclosures 
in this system.
    New Routine Use:
    Routine Use (1) was added to assist in the resolution of disputes 
between HUD

[[Page 87451]]

and persons making FOIA requests; Routine Use (2) was added to was 
added to assist with congressional inquiries made at the request of the 
individual; Routine Use (3) was added to allow for researchers to use 
access HUD data as needed; Routine Use (4) was added to allow for 
support from contractors and others when necessary to accomplish an 
agency function; Routine Use (5) was added to allow for testing new 
technology to enhance program information technology and services; 
Routine Uses (6) and (7) were updated to comply with the requirements 
of OMB M-17-12; Routine Uses (8) and (9) were updated to assist in the 
enforcement of civil or criminal laws; and Routine Use (10) was updated 
to allow HUD to litigate as needed and receive effective representation 
by its representatives (such as the Department of Justice).
    Records Retention and Disposition: Updated this section to describe 
current retention and disposal requirements in a simplified format by 
adding existing NARA approved general records schedules the agency 
generally uses to dispose of program related records.
    Policy and Practice for Retrieval of Records: Reformatted the 
retrieval statement for borrowers' records retrieved. The FHA Case 
Number was removed since this record is not being used as a personal 
identifier.

SYSTEM NAME AND NUMBER:
    Single Family Insurance System HUD/HOU-04.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    National Center for Critical Information Processing and Storage 
located in Mississippi and Virginia; HUD Headquarters building, 451 
Seventh Street SW, Washington, DC 20410-0001; and the Pyramid Systems, 
Inc. (PSI) 2677 Prosperity Ave., Ste. 250, Fairfax, VA 22031

SYSTEM MANAGER(S):
    Pauline Devore, System Manager, Single Family Insurance Operations 
Division, HWAFS, Department of Housing and Urban Development, 451 
Seventh Street SW, Ninth floor, Washington, DC 20410-0001.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sec. 203, National Housing Act, Public Law 73-479; The National 
Housing Act (12 U.S.C. 1701 et seq.) and the Department of Housing and 
Urban Development Act (42 U.S.C. 3531 et seq.); 24 CFR parts 202, 203, 
and 206. The Housing and Community Development Act of 1987, 42 U.S.C. 
3543(a). FHA Single Family Housing Handbook 4000.1.

PURPOSES OF THE SYSTEM:
    The purpose of Single-Family Insurance System (SFIS) is to provide 
oversight for the servicing of the Single Family insured mortgage loans 
and allows internal HUD users' on-line access to accurate and detailed 
case information to make inquiries, and to report on insured case 
activities (e.g., new insured case records, reinstated or terminated 
case records, case record changes, servicer transfers or merger, and 
mortgage insurance premium (MIP) calculations initiated, renewed, or 
adjusted including any MIP status resets). SFISnet is a web-based 
application which allows the viewing of FHA case information in a user-
friendly environment.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Mortgagors who assumed, obtained, or had a mortgage insured under 
HUD Federal Housing Administration (FHA) single family mortgage 
insurance programs; FHA-approved Mortgagees (Lenders) who are the 
servicer or holder of the loan; and HUD users and authorized 
contractors with system access and responsibility for servicing 
functions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full Name, Social Security Number (SSN), Address (work, home, and 
business), phone number (home, work, and business), Date of Birth, Age, 
Race/Ethnicity, Sex, Email (work, home, and business), Taxpayer 
Identification Number, Employee Identification Number, User Ids, and 
Lender Ids.

RECORD SOURCE CATEGORIES:
    FHA-approved Mortgagees (Lenders), appraisers on behalf of the 
mortgagors, staff underwriters, and HUD employees indirectly or 
exchanged by HUD operational systems listed below:
    Housing Office of Finance and Budget:
    --Distributive Shares and Refunds Subsystem (DSRS),
    --Single Family Insurance System Claims Subsystem (CLAIMS),
    --Electronic Data Interchange System (EDIS)
    Housing Office of Single Family Housing:
    --Computerized Homes Underwriting Management System (CHUMS)
    --Lender Electronic Assessment Portal (LEAP)
    Office of the Chief Information Officer:
    --Digital Identity Access Management System (DIAMS).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    (1) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
Freedom of Information Act (FOIA), and to facilitate OGIS's offering of 
mediation service to resolve disputes between persons making FOIA 
requests and administrative agencies.
    (2) To a congressional office from the record of an individual, in 
response to an inquiry from the congressional office made at the 
request of that individual.
    (3) 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, cooperative agreement, or other agreement, 
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.
    (4) To contractors, grantees, experts, consultants and their 
agents, or others performing or working under a contract, service, 
grant, or cooperative agreement with HUD, when necessary to accomplish 
an agency function related to a system of records. Disclosure 
requirements are limited to only those data elements considered 
relevant to accomplishing an agency function.
    (5) To contractors, experts, and consultants with whom HUD has a 
contract, service agreement, or other assignment of the Department when 
necessary to utilize relevant data for the purpose of testing new 
technology and systems designed to enhance program operations and 
performance.
    (6) 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

[[Page 87452]]

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.
    (7) 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 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.
    (8) To appropriate Federal, state, local, tribal, or governmental 
agencies or multilateral governmental organizations responsible for 
investigating or prosecuting the violations of, or for enforcing or 
implementing, a statute, rule, regulation, order, or license where HUD 
determines that the information would assist in the enforcement of 
civil or criminal laws when such records, either alone or in 
conjunction with other information, indicate a violation or potential 
violation of law. Records may only be disclosed upon a showing by the 
requester that the information is pertinent to the investigation. (2) 
To third parties during the course of a law enforcement investigation, 
to the extent necessary to obtain information pertinent to the 
investigation, provided the disclosure of such information is 
appropriate to the proper performance of the official duties of the 
officer making the disclosure.
    (9) To a court, magistrate, administrative tribunal, or arbitrator 
in the course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, 
mediation, or settlement negotiations; or in connection with criminal 
law proceedings; when HUD determines that use of such records is 
relevant and necessary to the litigation and when any of the following 
is a party to the litigation or have an interest in such litigation: 
(1) HUD, or any component thereof; (2) any HUD employee in his or her 
official capacity; (3) any HUD employee in his or her individual 
capacity where HUD has agreed to represent the employee; or (4) the 
United States, or any agency thereof, where HUD determines that 
litigation is likely to affect HUD or any of its components.
    (10) To any component of the Department of Justice or other Federal 
agency conducting litigation or in proceedings before any court, 
adjudicative, or administrative body when HUD determines that the use 
of such records is relevant and necessary to the litigation and when 
any of the following is a party to the litigation or have an interest 
in such litigation: (1) HUD, or any component thereof; (2) any HUD 
employee in his or her official capacity; (3) any HUD employee in his 
or her individual capacity where the Department of Justice or agency 
conducting the litigation has agreed to represent the employee; or (4) 
the United States, or any agency thereof, where HUD determines that 
litigation is likely to affect HUD or any of its components.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Name, Social Security Number, Property Address, and User ID.

POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
    Disposition is Temporary--Paper records are either burned or 
shredded, and electronic and media records are erased following NIST 
Special Publication 800-88 guidelines.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Administrative Controls: Data backups Secured Off-Site; Encryption 
of Backups; Methods to Ensure Only Authorized Personnel Access to PII; 
Periodic Security Audits; and Regular Monitoring of User's Security 
Practices.
    Technical Controls: Firewall; Role-Based Access Controls; Virtual 
Private Network; Encryption of Data in Transit; Least Privilege Access; 
User Identification and Password; Personal Identity Verification Card; 
Intrusion Detection System.
    Physical Safeguards: Combination locks; Key Cards; Security Guards; 
Identification Badges; and paper files will be stored securely in a 
locked cabinet that can only be accessed by authorized individuals 
working on the data. The locked cabinet will be stored in a locked 
office in a limited-access building. Additionally, permissions will be 
defined for each authorized user based on the user's role.

RECORD ACCESS PROCEDURES:
    Individuals requesting records of themselves should address written 
inquiries to the Department of Housing Urban and Development 451 7th 
Street, SW Washington, DC 20410-0001. For verification, individuals 
should provide their full name, current address, and telephone number. 
In addition, the requester must provide either a notarized statement or 
an unsworn declaration made under 24 CFR 16.4.

CONTESTING RECORD PROCEDURES:
    The HUD rule for accessing, contesting, and appealing agency 
determinations by the individual concerned are published in 24 CFR part 
16.8.

NOTIFICATION PROCEDURES:
    Individuals requesting notification of records of themselves should 
address written inquiries to the Department of Housing Urban 
Development, 451 7th street SW, Washington, DC 20410-0001. For 
verification purposes, individuals should provide their full name, 
office or organization where assigned, if applicable, and current 
address and telephone number. In addition, the requester must provide 
either a notarized statement or an unsworn declaration made under 24 
CFR part 16.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Docket No. 81 FR 59235 (August 29, 2016), and 64 FR 40032 (July 23, 
1999).

LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-27709 Filed 12-15-23; 8:45 am]
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