Notice2024-12178
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2024
Issuing agencies
Housing and Urban Development Department
Abstract
Under the Privacy Act of 1974, as amended, the Department of Housing and Urban Development (HUD), Office Single-Family Program Development, is issuing a public notice of its intent to modify the system of records for the "Single Family Mortgage Insurance Origination System (SFMIOS)". SFMIOS combines the features of the: Computerized Homes Underwriting Management System (CHUMS)/Loan Application Management System (LAMS), Federal Housing Administration (FHA) and Connection (FHAC). The purpose of these modifications is to update the system of records name, systems manager, authority for maintenance of the system and routine uses. This notice also includes record source categories, which were erroneously omitted from the prior notice. The updates are explained in the Supplementary Infomation section of this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 108 (Tuesday, June 4, 2024)</title>
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[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Notices]
[Pages 47978-47981]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12178]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7092-N-30]
Privacy Act of 1974; System of Records
AGENCY: Office of Single-Family Program Development, Office of Housing,
HUD.
ACTION: Notice of a modified system of records.
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SUMMARY: Under the Privacy Act of 1974, as amended, the Department of
Housing and Urban Development (HUD), Office Single-Family Program
Development, is issuing a public notice of its intent to modify the
system of records for the ``Single Family Mortgage Insurance
Origination System (SFMIOS)''. SFMIOS combines the features of the:
Computerized Homes Underwriting Management System (CHUMS)/Loan
Application Management System (LAMS), Federal Housing Administration
(FHA) and Connection (FHAC). The purpose of these modifications is to
update the system of records name, systems manager, authority for
maintenance of the system and routine uses. This notice also includes
record source categories, which were erroneously omitted from the prior
notice. The updates are explained in the Supplementary Infomation
section of this notice.
DATES: Comments will be accepted on or before July 5, 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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365; Email: <a href="/cdn-cgi/l/email-protection#bbcccccc95cbc9d2cddad8c2fbd3cedf95dcd4cd"><span class="__cf_email__" data-cfemail="106767673e60627966717369507865743e777f66">[email protected]</span></a>.
Mail: Attention: Privacy Office; Mr. LaDonne White, Chief Privacy
Officer; 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> .
FOR FURTHER INFORMATION CONTACT: Mr. 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 <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: HUD amends system of records notice (SORN)
for the Computerized Homes Underwriting Management System (CHUMS)/Loan
Application Management System (LAMS) and Federal Housing Administration
(FHA) Connection (FHAC), to include these substantive changes
reflecting the new and modified items listed below:
i. Systems Manager: Updated to reflect personnel changes.
ii. Authority for Maintenance of the System: Updated to add a new
citation for the Payment Integrity Information Act of 2019 in
conjunction with a new routine use (P) supporting a new computer
matching program between CHUMS and the United States Department of the
Treasury Department's ``Do Not Pay'' system.
iii. Record Source Categories: This section was erroneously omitted
in the prior notice published July 12, 2023, at 88 FR 44386-44389
(Agency Docket No. FR-7077-N-12).
iv. Routine Uses of Records Maintained in the System, Including
Categories of Users and Purposes of Such Uses: Item (L) covering the
routine use for a computer matching interface between CHUMS and the
Social Security Administration is being revised. HUD is revising the
statement in parentheses that reads ``(This use is specific to CHUMS
data)''.
The new routine use shall read: ``To the Social Security
Administration (SSA) through a computer matching program to verify the
eligibility of program participants and applicants in FHA's housing
finance programs. (This computer matching program is conducted by an
interface between
[[Page 47979]]
CHUMS and the SSA Enumeration Verification System (EVS).)''
A new routine use (P) is being added to cover a new computer
matching program conducted by an interface between CHUMS and the US
Department of Treasury's Do Not Pay system. The new routine use shall
read: ``To the US Department of Treasury through a computer matching
program interface between CHUMS and Treasury's Do Not Pay (DNP) system
for the purposes of preventing and recovering improper payments and to
verify borrower eligibility to participate in FHA's mortgage insurance
programs per the Payments Integrity Information Act of 2019.''
SYSTEM NAME AND NUMBER:
Single Family Mortgage Insurance Origination System (SFMIOS), HUD/
HSNG-03.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATIONS:
The core CHUMS system is in HUD Headquarters, 451 7th Street SW,
Washington, DC 20410-1000, and Microsoft Azure Federal Cloud US East
Data Center in One Microsoft Way, Redmond, Washington 98052-6399. The
Technology Open to Approved Lenders (TOTAL) Scorecard and CHUMS, FHAC
and LAMS remain at the National Center for Critical Information
Processing and Storage located at NASA's Shared Services Center,
Building 1111, Stennis Space Center, MS 39529-6000.
SYSTEMS MANAGER(S):
Brian Faux, Director, Office of Single-Family Program Development,
HUD Headquarters, 451 Seventh Street SW, Washington, DC 20410;
telephone (800) 225-5342; email; <a href="/cdn-cgi/l/email-protection#b9fbcbd0d8d797ffd8ccc1f9d1ccdd97ded6cf"><span class="__cf_email__" data-cfemail="8fcdfde6eee1a1c9eefaf7cfe7faeba1e8e0f9">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEMS:
Title I, section 2 of the National Housing Act (12 U.S.C. 1703).
Section 202 of the National Housing Act (12 U.S.C. 1708). Section 203
of the National Housing Act (12 U.S.C. 1709). Section 255 of the
National Housing Act (12 U.S.C. 1715z-20). 31 U.S.C. 7701. 42 U.S.C.
3543. 42 U.S.C. 3543, 24 CFR part 200, subpart U, 24 CFR 203.35 and 31
U.S.C. 3351-3358.
PURPOSE(S) OF THE SYSTEM:
Federal Housing Administration (FHA) Connection (FHAC) is
integrated with HUD's security infrastructure to assign user roles and
permissions based on business needs. FHAC's function as a security and
access management portal includes web pages to collect legal first and
last names, Social Security Numbers (SSNs), dates of birth (DOB),
mother's maiden name, work telephone number and email address. All data
collected by FHAC for security and access management is stored in
Computerized Homes Underwriting Management System (CHUMS).
CHUMS supports HUD and its approved business partners with
processing and underwriting applications for single-family mortgages
insurance under the National Housing Act. CHUMS provides functionality
for tracking and processing cases and managing workloads by HUD field
office management. CHUMS also provides functionality to assist lenders
and HUD in determining eligibility for participation in HUD's Single
Family mortgage insurance program. CHUMS enables lenders to use
automated underwriting systems (AUS) provided by mortgage financial
institutions by granting authorized AUS providers access to FHA's
Technology Open to Approved Lenders (TOTAL) Scorecard. TOTAL Scorecard
is an automated scorecard tool in CHUMS that is owned and maintained by
HUD that must be used in combination with an authorized AUS to evaluate
the overall creditworthiness of mortgage loan applications based on a
number of credit variables and determines the associated level of risk
for all loans submitted for FHA mortgage insurance with the exception
of Streamline Refinances and Home Equity Conversion Mortgage (commonly
referred to as reverse mortgage) loans.
Loan Application Management System (LAMS) supports the Federal
Housing Administration (FHA) mortgage insurance program by providing
automated processing, analysis, and screening of appraisal
documentation. LAMS receives and stores appraisal data from the
Electronic Appraisal Delivery (EAD) portal in a Mortgage Industry
Standards Maintenance Organization (MISMO) Extensible Markup Language
(XML) format tailored to HUD specifications. LAMS passes certain data
elements onto FHAC and CHUMS to ensure data integrity and provide
valuable time savings to lenders by reducing the burden of paper-based
delivery and manual data entry processes. LAMS provides a limited user
interface consisting pre-formatted (canned) reports used by HUD to
monitor system activity and to monitor appraiser compliance to HUD
requirements. LAMS data is shared outside of HUD pursuant to Routine
Use ``N'' below.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
System Users, HUD business partners (appraisers, inspectors,
mortgagee staff underwriters), HUD employees and contractors,
Mortgagors (Borrowers), Individuals who applied for a mortgage insured
under HUD/FHA's single family mortgage insurance programs, including
Home Equity Conversion Mortgages (HECM) Non-Borrowing Spouses,
Appraisers (both applicants and Appraisers listed on the HUD Appraiser
Roster), 203k Consultants (both applicants and 203k Consultants listed
on the HUD 203k Consultant Roster), Mortgagee (Lender) Staff including,
but not limited to, loan originators, appraisers, underwriters,
processors and file clerks, Individuals registering for access to the
HUD Housing Counselor Certification Examination, whether or not they
become certified, Individuals registering for HUD Certified Housing
Counselor certification or housing counseling clients receiving housing
counseling from an agency participating in HUD's Housing Counseling
Clients.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full name, Social Security Number (SSN), IRS Employer
Identification Number (EIN), Taxpayer ID, Appraiser Roster ID number,
203k Consultant ID number, License Number, Date of Birth (DOB),
mother's maiden name, home and/or work telephone number, email address,
mailing address (home and/or work) and Agency or organization
affiliation, Lender ID, racial/ethnic background (if disclosed), sex
(if disclosed), credit scores (FICO[supreg] scores), Non-borrowing
Spouse status (HECM loans only), mortgage loan terms, including
documents used by the lender when underwriting the loan (including, but
not limited to paystubs, bank statements, tax returns), Appraiser's
license/expiration date, and address, email address, demographic data,
Minority Business Enterprise (MBE) Code, 203K Consultant ID number,
203K license number (if applicable), Roster termination date for
Appraisers, 203k Consultants, Housing Counselors), business territory/
participation state, Nationwide Mortgage Licensing System (NMLS)
number, transaction history and/or workload of the individuals using
the system, Housing Counseling System (HCS) number, preferred language,
and subject property addresses.
RECORD SOURCE CATEGORIES:
Mortgagors, Appraisers, 203k Consultants, Mortgagees and their
employees and service providers (loan originators, processors,
underwriters),
[[Page 47980]]
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 and contractors.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH:
A. To appropriate agencies, entities, and persons when: (a) HUD
suspects or has confirmed that there has been a breach of the system of
records; (b) 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 (c) 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.
B. To another Federal agency or Federal entity, when HUD determines
that information from this system of record is reasonably necessary to
assist the recipient agency or entity in (a) responding to a suspected
or confirmed breach or (b) 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.
C. 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 to whom the record pertains.
D. To the General Accounting Office (GAO) for audit purposes.
E. To contractors, grantees, experts, consultants, and the agents
thereof, and others performing or working on a contract, service,
grant, cooperative agreement, or other agreement with HUD, when
necessary to accomplish an agency function related to these systems of
records, limited to only those data elements considered relevant to
accomplishing an agency function.
F. To the general public through rosters maintained and published
by HUD to look up Appraisers, 203k Consultants, Housing Counselors, and
HECM Counselors. The information will be released to any interested
person only through a specific web page on either <a href="http://www.hud.gov">www.hud.gov</a> or the
HUD Exchange designated by HUD. Such disclosures are limited to name,
contact information, licensing, and certification status.
G. To Federal agencies, non-Federal entities, their employees, and
agents (including contractors, their agents or employees; employees or
contractors of the agents or designated agents); or contractors, their
employees or agents with whom HUD has a contract, service agreement,
grant, cooperative agreement, or computer matching agreement for: (a)
detection, prevention, and recovery of improper payments; (b) detection
and prevention of fraud, waste, and abuse in major Federal programs
administered by a Federal agency or non-Federal entity; (c) detection
of fraud, waste, and abuse by individuals in their operations and
programs; (d) for the purpose of establishing or verifying the
eligibility of, or continuing compliance with statutory and regulatory
requirements by, applicants for, recipients or beneficiaries of,
participants in, or providers of services with respect to, cash or in-
kind assistance or payments under Federal benefits programs or
recouping payments or delinquent debts under such Federal benefits
programs. Records under this routine use may be disclosed only to the
extent that the information shared is necessary and relevant to verify
pre-award and pre-payment requirements prior to the release of Federal
funds, or to prevent and recover improper payments for services
rendered under programs of HUD or of those Federal agencies and non-
Federal entities to which HUD provides information under this routine
use.
H. To Federal agencies, and non-Federal entities, including, but
not limited to contractors, grantees, experts, consultants, 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 analysis and research to support 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.
I. To appropriate Federal, State, local, tribal, or other
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 help in the
enforcement of civil or criminal laws and when such records, either
alone or in conjunction with other information, indicate a violation or
potential violation of law.
J. To a court, magistrate, administrative tribunal, or arbitrator
in the course of presenting evidence, including disclosures to opposing
counsel or witnesses in 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: (a)
HUD, or any component thereof; or (b) any HUD employee in his or her
official capacity; or (c) any HUD employee in his or her individual
capacity where HUD has agreed to represent the employee; or (d) the
United States, or any agency thereof, where HUD determines that
litigation is likely to affect HUD or any of its components.
K. 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: (a) HUD, or any component thereof; or (b) any HUD
employee in his or her official capacity; or (c) 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 (d) the United States, or any agency thereof, where HUD determines
that litigation is likely to affect HUD or any of its components.
L. To the Social Security Administration (SSA) through a computer
matching program to verify the eligibility of program participants and
applicants in FHA's housing finance programs. (This computer matching
program conducted by an interface between CHUMS and the SSA Enumeration
Verification System (EVS).)
M. To HUD authorized AUS providers and software companies involved
in providing access to TOTAL Scorecard including but not limited to
Government Sponsored Enterprises (GSEs) Fannie Mae and Freddie Mac,
financial institutions, and software
[[Page 47981]]
companies to respond to requests for assistance with individual cases
submitted to TOTAL Scorecard and for the purposes of research and
analysis to enhance program operations and performance through
automated underwriting, credit scoring and risk management. PII data
used for research and analysis including the results of the research
and analysis must be de-identified and aggregated and may not be
disclosed or published. (This use is specific to CHUMS data.)
N. To other Federal agencies, (including but not limited to the
Federal Housing Finance Agency (FHFA) and the Consumer Financial
Protection Bureau), and their contractor/s through data sharing and
other agreements for the purposes of research and analysis of automated
underwriting, credit enhance oversight of the mortgage market, inform
rulemaking, assess program effectiveness, and to publish de-identified
aggregate data and results of research and analysis. (This use is
specific to CHUMS data.)
O. To Federal financial regulators, Fair Lending enforcement
agencies, and financial institutions (including, but not limited to the
Federal Housing Finance Agency (FHFA), Government Sponsored Enterprises
(GSEs) Fannie Mae and Freddie Mac, Veterans Administration, US
Department of Agriculture Rural Development Agency, Consumer Financial
Protection Bureau, the Federal Reserve, and the Appraisal Subcommittee)
through data sharing agreements and other agreements for the purposes
of analysis and research to assess program compliance and risks
associated with real estate appraisal and other property valuation
methods used in Federal housing finance transactions. Recipients may
use the data, including analysis and research, in conducting
investigations and taking enforcement action (including cases and
administrative proceedings) for violations of laws, rules, or
regulations, and for coordinated policy development and implementation.
(This routine use is specific to LAMS data.)
P. To the US Department of Treasury through a computer matching
program interface between CHUMS and Treasury's Do Not Pays (DNP) system
for the purposes of preventing and recovering improper payments and to
verify borrower eligibility to participate in FHA's mortgage insurance
programs per the Payments Integrity Information Act of 2019.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic only.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by Name and Social Security Number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Per HUD Schedule Appendix 20 Single Family Home Mortgage Insurance
Program Records, item 13B6, and HUD Schedule Appendix 5, Technical
Support Records, all records in FHAC, CHUMS and LAMS will be destroyed
when superseded or obsolete. Per General Record Schedule 5.2, Item 20,
all FHAC, CHUMS and LAMS records are temporary and are to be destroyed
upon verification of successful creation of the final document or file,
or when no longer needed for business use, whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Administrative Safeguards: The core CHUMS system and all data are
maintained simultaneously across multiple data centers within the
Microsoft Azure Federal cloud, which are located within FedRAMP
security approved facilities. For technical reasons, certain CHUMS
databases, FHAC and LAMS are located and backed up on servers housed
within secure Federal data facilities and not in the cloud.
Physical Safeguards: Controls to secure the data and protect
electronic records, buildings, and related infrastructure against
threats associated with their physical environment include, but are not
limited to, using cypher and combination locks, key cardcontrolled
access, security guards, closed circuit TV, identification badges, and
safes. Administrative controls include encryption of back-up data,
back-ups secured off-site, methods to ensure only authorized users have
access to PII, periodic security audits, regular monitoring of system
users' behavior and users' Security Practices.
Technical Safeguards: Controls for the systems include, but are not
limited to, encryption of Data at Rest and in Transit, firewalls at
HUD, user ID, password protection, role-based access controls, Least
Privileged access, elevated and/or administrative privileged access,
Personal Identify Verification cards, intrusion detection systems.
Unauthorized access is controlled by application-level security.
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 or may be obtained from the system manager.
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 16.4.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Docket No. FR-7077-N-12, 88-FR-44386, July 12, 2023; Docket No. FR-
5921-N-17, 81-FR-71750, October 18, 2016.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2024-12178 Filed 6-3-24; 8:45 am]
BILLING CODE 4210-67-P
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