81_FR_71951 81 FR 71750 - Implementation of the Privacy Act of 1974, as Amended; Notice Amendment for Computerized Homes Underwriting Management System/Loan Application Management System

81 FR 71750 - Implementation of the Privacy Act of 1974, as Amended; Notice Amendment for Computerized Homes Underwriting Management System/Loan Application Management System

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71750-71755
FR Document2016-25177

The Department is publishing a notice advising of a system of records amendment for system of records: Computerized Homes Underwriting Management System--Development of New System of Records, Loan Application Management System, published in the Federal Register on October 20, 2014 at 79 FR 62656-62658. The Department discovered that information under the original notice had been omitted and reissues this notice to incorporate omitted information. In addition, the revised notice introduces a new method used by the system to collect and process new records and establishes new routine use instances. This notice adds back to the notice previously omitted information maintained by the systems on non-borrowing spouses, incorporates new records pertaining to housing counselor efforts, establishes new routine uses, and refines current record keeping procedures, the authority, and purpose statements. A detailed description of the systems updates and the new functions are contained in the SUPPLEMENTARY INFORMATION section.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71750-71755]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25177]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5921-N-17]


Implementation of the Privacy Act of 1974, as Amended; Notice 
Amendment for Computerized Homes Underwriting Management System/Loan 
Application Management System

AGENCY: Office of Housing, HUD.

ACTION: Notice Amendment.

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SUMMARY: The Department is publishing a notice advising of a system of 
records amendment for system of records: Computerized Homes 
Underwriting Management System--Development of New System of Records, 
Loan Application Management System, published in the Federal Register 
on October 20, 2014 at 79 FR 62656-62658. The Department discovered 
that information under the original notice had been omitted and 
reissues this notice to incorporate omitted information. In addition, 
the revised notice introduces a new method used by the system to 
collect and process new records and establishes new routine use 
instances. This notice adds back to the notice previously omitted 
information maintained by the systems on non-borrowing spouses, 
incorporates new records pertaining to housing counselor efforts, 
establishes new routine uses, and refines current record keeping 
procedures, the authority, and purpose statements. A detailed 
description of the systems updates and the new functions are contained 
in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT:  Helen Goff Foster, Chief Privacy 
Officer/Senior Agency Official for Privacy, 451 Seventh Street SW., 
Room 10139, Washington, DC 20410, telephone number 202-402-6836 (this 
is not a toll-free number). Individuals who are hearing- and speech-
impaired may access this number via TTY by calling the Federal Relay 
Service at 800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: Amendments to this notice: HUD published in 
the Federal Register system of records notice for Computerized Homes 
Underwriting Management System--Development of New System of Records, 
Loan Application Management System on October 20, 2014, at 79 FR 62656-
62658, and amendments are being proposed to this notice, as follows:
    Page 62657, in the first column, under the system of records 
caption ``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM'' this

[[Page 71751]]

section is being updated to read: Individuals who have applied for a 
mortgage insured under HUD/Federal Housing Administration's single-
family mortgage insurance programs, including any non-borrowing 
spouse(s) associated with a Home Equity Conversion Mortgage (HECM) 
transaction. Also, HUD business partners (appraisers, inspectors, 
mortgagee staff underwriters) and HUD employees (appraisers, mortgage 
credit examiners, architectural employees, receiving clerks, assignment 
clerks, commitment clerks, records clerks, and closing clerks) involved 
in the HUD/FHA single-family underwriting process, and new records on 
individuals who pass the HUD Certified Housing Counselor examination 
whether or not they become certified; individuals seeking HUD certified 
housing of new records.
    Page 62657, in the first column, under the system of records 
captions ``CATEGORIES OF RECORDS IN THE SYSTEM'' this section is being 
updated to read: Automated files contain the following categories of 
records:
     Mortgagors (Borrowers): name, address, Social Security 
number (SSN) or other identification number, racial/ethnic background 
(if disclosed), date of birth, credit scores (often referred to as 
FICO[supreg] Scores), marital status, and details about the mortgage 
loan, including loan application documentation. This information is 
supplied by lenders during the mortgage application and underwriting 
process.
     Non-Borrowing Spouses: name, SSN or other identification 
number, date of birth, and details about the mortgage loan, including 
loan application documentation. This information is supplied by lenders 
during the mortgage application and underwriting process on specific 
loan types to acknowledge in writing that the non-borrowing spouse has 
protections under the law to remain in the home after the death of 
their borrowing spouse or an indication that the non-borrowing spouse 
is not a borrower and not required to sign the loan contract and the 
property does not serve as their primary residence.
     Appraisers and Inspectors: name, address, SSN or other 
identification number, territory, workload, and minority data including 
racial/ethnic background, Minority Business Enterprise (MBE) Code, and 
sex, for statistical tracking purposes. Mortgagee (Lender) Staff 
Appraisers and Underwriters, 203k Consultants, and HECM Counselors: SSN 
or other identification number, territory and workload of the 
individuals.
     HUD Employees: name and SSN or other identifying number of 
employees involved in the single family underwriting process. This 
includes, but is not limited to: Homeownership Center managers, staff 
appraisers, architectural employees, receiving clerks, assignment 
clerks, commitment clerks, records clerks, and closing clerks.
     Individuals registering to access the HUD Housing 
Counselor Certification Examination: legal first and last name, mailing 
address, telephone number, email address, fax number (if applicable), 
SSN, and employer's HUD Housing Counseling System (HCS) number (if 
registrant's employer is a housing counseling agency participating in 
HUD's Housing Counseling Program). Registrants have the option of 
providing demographic information: race, ethnicity, gender and 
languages in which counseling services are offered. HUD is collecting 
information on languages to assess the number of examinees that might 
benefit from certification examination training materials being 
available in other languages. Information for fee payment will be 
collected by a third party vendor and will include credit card number, 
expiration date, and security code.
     Individuals registering for HUD Certified Housing 
Counselor status or for Agency Application Coordinator for FHA 
Connection: legal first and last name, mailing address, telephone 
number, email address, fax number (if applicable), SSN, HUD Housing 
Counselor Certification System ID number, mother's maiden name, and 
employer's HUD Housing Counseling System (HCS) ID number, and 
verification of employing agency's name.
     Examination Information: scores from housing counselor 
certification examination list of all test-takers who pass the 
certification examination.
     Client Certificate of Housing Counseling: legal first and 
last name and address of the housing counseling client receiving 
counseling services from an agency participating in HUD's Housing 
Counseling Program; legal first and last name and the Counselor ID 
number of the counselor completing the client certificate of housing 
counseling; name, address, telephone number, Employer Identification 
Number (EIN), and HCS ID number of the agency participating in HUD's 
Housing Counseling Program; date and type of counseling service 
received; fees collected or waived; and whether counseling or education 
occurred in-person or remotely (telephone or Internet).
     NOTE: Certain records contained in this system which 
pertain to individuals contain principally proprietary information 
concerning sole proprietorships that may also reflect personal 
information, however, only the records reflecting personal information 
are subject to the Privacy Act.
    Page 62658, in the second column, under the system of records 
caption ``RETENTION AND DISPOSAL'' this section is being amended to 
read: Current Procedures: Data is retained online for 13 months after 
the date of endorsement, or 13-18 months for non-endorsed cases, and 
then archived. The archived data can be retrieved upon request. In 
archive data, CHUMS retains case data indefinitely. The Records 
Retention Schedule for CHUMS/F17 is listed in the HUD Records 
Disposition Schedules Handbook (2225.6) Appendix A--Single Family Home 
Mortgage Insurance Program Records. In addition, processes are being 
put in place to align all practices where information will be retained 
and disposed of in accordance with HUD Records Disposition Schedule 
Handbook (2225.6), which has been approved by the National Archives and 
Records Administration. According to Records Management Office and 
Schedule 20 of HUD's Record Retention Schedule, the requirement is to 
retain for 6 years after the term of the loan. In some cases, this may 
be up to 36 years, at which time the information should be transferred 
to NARA. The transfer of the data would eliminate the concern of not 
having access to the information if needed in the future.
    According to GRS 1.2 DAA-GRS-2013-0008-0001, records collected and 
stored for HUD Certified Housing Counselor Certification and/or Client 
Housing Counseling Certificates that reside in the systems will be kept 
for a minimum 10 years after the final action is taken on the file, 
document, and/or transaction. Longer retention is authorized if 
required for business use (Reference: GRS 1.2 DAA-GRS-2013-0008-0001).
    After the record retention requirements have been met (a minimum of 
10 years), the data and records can be purged or deleted from the 
system. If paper records are generated from the system, they can be 
archived at the local Federal Records Center after the final action or 
transaction has taken place.
    Page 62658, in the first column is being updated to identify new 
disclosure requirements related to Federal Housing Administration's 
Office of Housing, by adding routine use (7) to clarify that records 
from this SORN may be disclosed to Government Sponsored

[[Page 71752]]

Enterprises and other authorized entities to enhance HUD's programs 
operations and performance through automated underwriting, credit 
scoring, and risk management, and records related to counseling 
certification requirements, by adding routine use (11) to clarify that 
records will be disclosed from the system to third party fee collection 
service for payment of examination fees, and routine use (11) to 
clarify that non-PII records will be made available to the general 
public from the system.
    Pursuant to the Privacy Act and the Office of Management and Budget 
(OMB) guidelines, the amended notices meets threshold requirements for 
having to transmit a report to OMB, the Senate Committee on Homeland 
Security and Governmental Affairs, and the House Committee on Oversight 
and Government Reform, as instructed by paragraph 4c of Appendix l to 
OMB Circular No. A-130, ``Federal Agencies Responsibilities for 
Maintaining Records About Individuals,'' November 28, 2000.

    Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).

    Dated: October 12, 2016.
Helen Goff Foster,
Chief Privacy Officer/Senior Agency Official for Privacy.

SYSTEM OF RECORDS NO:
    HSNG.SF/HUP.02.

SYSTEM NAMES:
    Computerized Homes Underwriting Management System (CHUMS) F17/Loan 
Application Management System (LAMS) P292)).

SYSTEM LOCATION:
    The CHUMS and LAMS system is hosted at the Hewlett Packard (HP) 
Facility at 2020 Union Carbide Drive, South Charleston, West Virginia 
25303-2734. HP is the designated records management facility for LAMS 
and the Atlanta Federal Records Center at 4712 Southpark Boulevard, 
Ellenwood, GA 30294 is the records management facility for CHUMS until 
LAMS is fully implemented. Additionally, staff in HUD Headquarters and 
throughout the country access CHUMS and LAMS through HUD's standard 
telecommunications network from desktop work stations, and access by 
both HUD employees and business partners is granted via secure HTTP 
through the HUD FHA Connection portal. Internal and external HUD hosted 
locations are as follows: HUD headquarters building, 451 Seventh 
Street, SW., Washington, DC 20410; the HUD owned and operated Home 
Ownership Centers, located in Atlanta, GA; Denver, CO; Philadelphia, 
PA; and Santa Ana, CA; and the sixty-one (61) HUD owned and operated 
Field Offices \1\ in various locations across the country.
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CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have applied for a mortgage insured under HUD/FHA's 
single-family mortgage insurance programs, including any non-borrowing 
spouses associated with the transaction. Also, HUD business partners 
(appraisers, inspectors, mortgagee staff underwriters), HUD employees 
(appraisers, mortgage credit examiners, architectural employees, 
receiving clerks, assignment clerks, commitment clerks, records clerks, 
and closing clerks) involved in the HUD/FHA single-family underwriting 
process; individuals who pass the HUD Certified Housing Counselor 
examination whether or not they become certified, individuals seeking 
HUD certified housing counselor certification, or housing counseling 
clients receiving housing counseling from an agency participating in 
HUD's Housing Counseling Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Automated files contain the following categories of records:
     Mortgagors (Borrowers): name, address, Social Security 
number (SSN) or other identification number, racial/ethnic background 
(if disclosed), date of birth, credit scores (often referred to as 
FICO[supreg] Scores), marital status, and details about the mortgage 
loan, including loan application documentation. This information is 
supplied by lenders during the mortgage application and underwriting 
process.
     Non-Borrowing Spouses: name, SSN or other identification 
number, date of birth, and details about the mortgage loan, including 
loan application documentation. This information is supplied by lenders 
during the mortgage application and underwriting process on specific 
loan types to acknowledge in writing that the non-borrowing spouse has 
protections under the law to remain in the home after the death of 
their borrowing spouse or an indication that the non-borrowing spouse 
is not a borrower and not required to sign the loan contract and the 
property does not serve as their primary residence.
     Appraisers and Inspectors: name, address, SSN or other 
identification number, territory, workload, and minority data including 
racial/ethnic background, minority business enterprise (MBE) Code, and 
sex, for statistical tracking purposes.
     Mortgagee (Lender) Staff Appraisers and Underwriters: SSN 
or other identification number, territory and workload of the 
individuals.
     HUD Employees: name, SSN or other identifying number of 
employees involved in the single family underwriting process. This 
includes, but is not limited to: Homeownership Center managers, staff 
appraisers, architectural employees, receiving clerks, assignment 
clerks, commitment clerks, records clerks, and closing clerks.
     Individuals registering to access the HUD Housing 
Counselor Certification Examination: Legal first and last name, mailing 
address, telephone number, email address, fax number (if applicable), 
SSN, and employer's HUD Housing Counseling System (HCS) number (if 
registrant's employer is a housing counseling agency participating in 
HUD's Housing Counseling Program). Registrants have the option of 
providing demographic information: Race, ethnicity, gender and 
languages in which counseling services are offered. HUD is collecting 
information on languages to assess the number of examinees that might 
benefit from certification examination training materials being 
available in other languages. Information for fee payment will be 
collected by a third party vendor and will include credit card number, 
expiration date, and security code.
     Individuals registering for HUD Certified Housing 
Counselor status or for Agency Application Coordinator for FHA 
Connection: Legal first and last name, mailing address, telephone 
number, email address, fax number (if applicable), SSN, HUD Housing 
Counselor Certification System ID number, mother's maiden name, and 
employer's HUD Housing Counseling System (HCS) ID number, and 
verification of employing agency's name.
     Examination Information: Scores from housing counselor 
certification examination list of all test-takers who pass the 
certification examination.
     Client Certificate of Housing Counseling: Legal first and 
last name and address of the housing counseling client receiving 
counseling services from an agency participating in HUD's Housing 
Counseling Program, legal first and last name and the Counselor ID 
number of the counselor completing the client certificate of housing 
counseling, name, address, telephone number,

[[Page 71753]]

Employer Identification Number (EIN), and HCS ID number of the agency 
participating in HUD's Housing Counseling Program, date and type of 
counseling service received, fees collected or waived and whether 
counseling or education occurred in-person or remotely (telephone or 
Internet).


    Note: Certain records contained in this system which pertain to 
individuals contain principally proprietary information concerning 
sole proprietorships may also reflect personal information, however, 
only the records reflecting personal information are subject to the 
Privacy Act.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 203, National Housing Act, Public Law 73-479, enables HUD/
FHA to process applications for HUD mortgage insurance and respond to 
inquiries regarding applications and insured mortgages; The Housing and 
Community Development Act of 1987, 42 U.S.C. 3543, authorizes HUD to 
collect SSNs Social Security numbers for FHA Connect users are 
collected to ensure mortgagee eligibility requirements are met, 12 
U.S.C. Sec.  1708(d)); Subtitle D of title XIV of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act, Public Law 111-203, 124 
Stat. 1376 (July 21, 2010); Section 106 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701x.

PURPOSE(S):
    The Loan Application Management System (LAMS) is developed to 
better assist FHA with its automated processing, analysis, and 
screening of the appraisal documentation. CHUMS is developed to support 
lenders and HUD staff in the processing of insurance applications for 
single-family mortgages, from the initial loan application all the way 
through endorsement. Various mortgage loan types are processed through 
CHUMS, including loans for First Time Homebuyers, Home Equity 
Conversion Mortgages (HECM), Section 184 Indian Home Loan Guarantee, 
and 203K rehabilitation loans. CHUMS provides HUD field office staff 
functionality for tracking and processing cases, and allows monitoring 
of workloads by field office management. CHUMS also contains the FHA 
TOTAL (Technology Open to Approved Lenders) Scorecard, which evaluates 
the overall creditworthiness of mortgage loan applications submitted 
through Automated Underwriting Systems based on a number of credit 
variables, and determines the associated level of risk for loans 
submitted for FHA insurance.
    The new LAMS tool is being created to become the eventual 
replacement system for CHUMS. The existing functionality in CHUMS will 
be moved into LAMS in stages over the next five years. In its initial 
release, LAMS will enable HUD to start collecting case binder data into 
an industry-wide electronic format that is acceptable to Mortgage 
Industry Standard Maintenance Organization (MISMO) data standards. The 
improved enhancements will allow HUD to screen out errors in the 
appraisal and endorsement process more proficiently. In the past, HUD 
has identified far too late in the appraisal and endorsement process 
when a loan was at risk or in danger of fraud. Implementing the new 
LAMS tool and new evaluation process will allow HUD to better evaluate 
errors in the appraisal and endorsement process, and avoid endorsing 
unqualified loans. FHA believes that having the mortgage insurance 
documentation evaluated earlier on in the process will over time have a 
tremendous impact on the performance of HUD's mortgage insurance 
programs. The existing HUD data collected on applications for single-
family mortgage insurance endorsements, includes electronic copies of 
mortgage documentation, along with the results of automated risk 
scoring and fraud validations, electronic copies of the lender 
submitted mortgage insurance appraisal records, the underlying data and 
metadata of documentation obtained in the application, underwriting, 
insuring and closing stages of the mortgage loan transaction will be 
used for risk management evaluation studies of the abovementioned 
mortgage insurance portfolios. The purpose for collecting the new 
records that will be maintained by this system is to verify the 
participating agency's compliance with HUD's Housing Counseling Program 
requirements. Other statutory changes to improve the effectiveness of 
housing counseling include increasing the breadth of counseling 
services so that they are comprehensive with respect to homeownership 
and rental counseling and issuing client Certificates of Housing 
Counseling to verify counseling requirements for FHA and other Federal, 
State, and local programs, as applicable. HUD's Housing Counseling 
Program currently provides comprehensive homeownership and rental 
counseling. As noted in the proposed rule published on September 13, 
2013, an individual counselor, in contrast to multiple counseling 
agencies, will have to show competency (through passage of an 
examination) in identifying and understanding the breadth of 
homeownership and rental counseling services. Currently, a potential 
homebuyer or homeowner is likely to seek a housing counseling agency 
that specializes in a specific area and receive comprehensive 
counseling by a counselor in that specific area. As a result of 
increasing the breadth of counseling service knowledge, a housing 
counselor providing counseling on a specific area requested by the 
client would also be trained to identify cross-cutting issues that a 
client may not have identified when seeking out a specific counselor or 
during the intake process by the housing counseling agency. In 
addition, certifying individual counselors may further enhance the high 
regard of agencies and counselors participating in HUD's Housing 
Counseling Program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
Section 552a (b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside HUD as a 
routine use pursuant to 5 U.S.C. 552a (b) (3) as follows:
    1. To appropriate agencies, entities, and persons to the extent 
such disclosures are compatible with the purpose for which the records 
in this system were collected, as set forth by Appendix I--HUD's 
Routine Use Inventory Notice,\2\ published in the Federal Register.
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    2. To appropriate agencies, entities, and persons when:
    a. HUD suspects or has confirmed that the security or 
confidentiality of information in a system of records has been 
compromised;
    b. HUD has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of systems or programs (whether maintained by HUD or another 
agency or entity) that rely upon the compromised information;
    c. HUD determines that the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with HUD's efforts to respond to the suspected or confirmed compromise 
of security.
    3. To a congressional office from the record of an individual in 
response to

[[Page 71754]]

an inquiry from that congressional office made at the request of the 
individual to whom the record pertains.
    4. To the Federal Bureau of Investigations for investigations of 
possible fraud revealed in FHA underwriting, insuring or monitoring 
process for mortgage insurance.
    5. To the Department of Justice for prosecutions of fraud revealed 
in FHA underwriting, insuring or monitoring process for mortgage 
insurance.
    6. To the General Accounting Office (GAO) for audit purposes.
    7. To financial institutions (including Government Sponsored 
Enterprises), computer software companies and other Federal agencies 
(including the Federal Reserve) to enhance program operations and 
performance through automated underwriting, credit scoring and risk 
management.
    8. To other federal agencies (including the Federal Reserve) for 
purposes of research not involving personally identifiable information, 
to evaluate program effectiveness in meeting HUD's/FHA's mission, or to 
inform policy makers on changes to effect program improvements.
    9. To the Department's Office of Policy Development Research and 
its researchers for mortgage credit evaluations and statistical 
analysis.
    10. To contractors, grantees, experts, consultants, and the agents 
thereof, and others performing or working on a contract, service, 
grant, cooperative agreement with HUD, when necessary to accomplish an 
agency function related to these system of records, limited to only 
those data elements considered relevant to accomplishing an agency 
function. Individuals provided information under this routine use is 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to HUD officers and employees. To 
contractors, experts, consultants with whom HUD has a contract, service 
agreement or other assignment of the Department, when necessary to 
utilize relevant data for purposes of testing new technology and 
systems designed to enhance program operations and performance.
    11. To third party fee collection service when needed for payment 
of certified housing counselor examination fees. Only legal name, 
address for credit card billing, and telephone number will be released.
    12. To the general public to verify if a certified housing 
counselor identification number is valid. Only certified housing 
counselor first and last name and housing counseling agency(ies) that 
employ this counselor will be released under this be routine use for 
valid certified housing counselor identification numbers. The 
information will be released to any interested person only through a 
specific Web page on either www.hud.gov or the HUD Exchange designated 
by HUD.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored on magnetic tape/disc/drum. If 
paper records are generated, they will be stored from unauthorized use 
and stored at the Federal Records facility.

RETRIEVABILITY:
    Electronic/paper records are retrieved by case number, name, social 
security number housing counselor ID number, or other identification 
number. Office of Housing Counseling Staff will be able to retrieve 
counselor employment history for specific time periods. The general 
public will be able to verify if a counselor is currently certified by 
HUD through a public access Web page on HUD.gov or HUD Exchange. The 
public search will identify the name of the housing counselor and 
agency(ies) the counselor is employed by. Full access to HUD Certified 
Housing Counselor Database information in CHUMS will be limited to a 
few individuals on an as-needed basis for compliance purposes.

SAFEGUARDS:
    Electronic records are maintained in secure areas, and access is 
limited to authorized personnel.

RETENTION AND DISPOSAL:
    Current Procedures: Data is retained online for 13 months after the 
date of endorsement, or 13-18 months for non-endorsed cases, and then 
archived. The archived data can be retrieved upon request. In archive 
data, CHUMS retains case data indefinitely. The Records Retention 
Schedule for CHUMS/F17 is listed in the HUD Records Disposition 
Schedules Handbook (2225.6), Schedule 20,\3\ and Single Family Home 
Mortgage Insurance Program Records.
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FUTURE PROCEDURES:
    Processes are being put in place to align all practices where 
information will be retained, archived, then destroyed in accordance 
with HUD approved Records Disposition Schedule Handbook (2225.6), 
Schedule 20. According to Records Management Office and Schedule 20 of 
HUD's Record Retention Schedule, records will be retained, archived, 
and destroyed a minimum of 6 years after the term of the mortgage. In 
some cases, this may be up to 36 years, at which time the information 
should be transferred to NARA. The transfer of the data would eliminate 
the concern of not having access to the information if needed in the 
future. The records collected and stored for HUD Certified Housing 
Counselor Certification and/or Client Housing Counseling Certificates 
that reside in the systems will be kept for a minimum 10 years after 
the final action is taken on the file, document, and/or transaction. 
Longer retention is authorized if required for business use (Reference: 
GRS 1.2 DAA-GRS-2013-0008-0001). After the record retention 
requirements have been met (a minimum of 10 years), the data and 
records can be purged or deleted from the system. Backup and Recovery 
digital media will be destroyed or otherwise rendered irrecoverable per 
NIST SP 800-88 ``Guidelines for Media Sanitization'' (September 2006). 
This complies with all Federal regulations.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Single Family Program Development, Department 
of Housing and Urban Development, 451 Seventh Street SW., Washington, 
DC 20410.

NOTIFICATION AND RECORD ACCESS PROCEDURES:
    For Information, assistance, or inquiries about the existence of 
records, contact Helen Goff Foster, Chief Privacy Officer/Senior Agency 
Official for Privacy, 451 Seventh Street SW., Room 10139, Washington, 
DC 20410, telephone number 202-402-6836 (this is not a toll-free 
number). When seeking records about yourself from this system of 
records or any other HUD system of records, your request must conform 
with the Privacy Act regulations set forth in 24 CFR part 16 
``Procedures for Inquiries''. You must first verify your identity by 
providing your full name, current address, and date and place of birth. 
You must sign your request, and your signature must either be notarized 
or submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. In 
addition, your request should:
    (1) Explain why you believe HUD would have information on you.
    (2) Identify which HUD office you believe has the records about 
you.
    (3) Specify when you believe the records would have been created.
    (4) Provide any other information that will help the FOIA staff 
determine

[[Page 71755]]

which HUD office may have responsive records.
    If you are seeking records pertaining to another living individual, 
you must obtain a statement from that individual certifying their 
agreement for you to access their records. Without the above 
information, the HUD Office may not be able to conduct an effective 
search, and your request may be denied due to lack of specificity or 
lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    The Department's rules for contesting contents of records and 
appealing initial denials appear in 24 CFR part 16, ``Procedures for 
Inquiries.'' Additional assistance may be obtained by contacting Helen 
Goff Foster, Chief Privacy Officer/Senior Agency Official for Privacy, 
451 Seventh Street SW., Room 10139, Washington, DC 20410, or the HUD 
Departmental Privacy Appeals Officer, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 10110, Washington, DC 20410.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained from: Mortgagors, appraisers, 
inspectors, mortgagee staff appraisers, mortgagee staff underwriters, 
housing counselors, individuals that pass the HUD Certified Housing 
Counselor examination, HUD Housing Counseling Program clients that 
receive education and counseling from a HUD participating housing 
counseling agency, and HUD employees.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 2016-25177 Filed 10-17-16; 8:45 am]
 BILLING CODE 4210-67-P



                                             71750                        Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             comments in connection with the 60-                     including the validity of the                         DEPARTMENT OF HOUSING AND
                                             day notice.                                             methodology and assumptions used;                     URBAN DEVELOPMENT
                                             DATES: The purpose of this notice is to                   (3) Enhance the quality, utility, and               [Docket No. FR–5921–N–17]
                                             allow an additional 30 days for public                  clarity of the information to be
                                             comments. Comments are encouraged                       collected; and                                        Implementation of the Privacy Act of
                                             and will be accepted until November 17,                   (4) Minimize the burden of the                      1974, as Amended; Notice Amendment
                                             2016. This process is conducted in                      collection of information on those who                for Computerized Homes Underwriting
                                             accordance with 5 CFR 1320.10.                          are to respond, including through the                 Management System/Loan Application
                                             ADDRESSES: Written comments and/or                      use of appropriate automated,                         Management System
                                             suggestions regarding the item(s)                       electronic, mechanical, or other
                                             contained in this notice, especially                    technological collection techniques or                AGENCY:   Office of Housing, HUD.
                                             regarding the estimated public burden                   other forms of information technology,                ACTION:   Notice Amendment.
                                             and associated response time, must be                   e.g., permitting electronic submission of
                                             directed to the OMB USCIS Desk Officer                  responses.                                            SUMMARY:    The Department is publishing
                                             via email at oira_submission@                                                                                 a notice advising of a system of records
                                                                                                     Overview of This Information                          amendment for system of records:
                                             omb.eop.gov. Comments may also be                       Collection
                                             submitted via fax at (202) 395–5806. All                                                                      Computerized Homes Underwriting
                                             submissions received must include the                      (1) Type of Information Collection                 Management System—Development of
                                             agency name and the OMB Control                         Request: New Collection.                              New System of Records, Loan
                                             Number [1615—NEW].                                                                                            Application Management System,
                                                                                                        (2) Title of the Form/Collection:
                                                You may wish to consider limiting the                                                                      published in the Federal Register on
                                                                                                     Application for Employment
                                             amount of personal information that you                                                                       October 20, 2014 at 79 FR 62656–62658.
                                                                                                     Authorization for Abused
                                             provide in any voluntary submission                                                                           The Department discovered that
                                                                                                     Nonimmigrant Spouse.
                                             you make. For additional information                                                                          information under the original notice
                                                                                                        (3) Agency form number, if any, and                had been omitted and reissues this
                                             please read the Privacy Act notice that                 the applicable component of the DHS
                                             is available via the link in the footer of                                                                    notice to incorporate omitted
                                                                                                     sponsoring the collection: I–765V;                    information. In addition, the revised
                                             http://www.regulations.gov.                             USCIS.                                                notice introduces a new method used by
                                             FOR FURTHER INFORMATION CONTACT:                           (4) Affected public who will be asked              the system to collect and process new
                                             USCIS, Office of Policy and Strategy,                   or required to respond, as well as a brief            records and establishes new routine use
                                             Regulatory Coordination Division,                       abstract: Primary: Individuals or                     instances. This notice adds back to the
                                             Samantha Deshommes, Chief, 20                           households. Form I–765V, Application                  notice previously omitted information
                                             Massachusetts Avenue NW.,                               for Employment Authorization for                      maintained by the systems on non-
                                             Washington, DC 20529–2140,                              Abused Nonimmigrant Spouse, will be                   borrowing spouses, incorporates new
                                             Telephone number (202) 272–8377                         used to collect information that is                   records pertaining to housing counselor
                                             (comments are not accepted via                          necessary to determine if an applicant is             efforts, establishes new routine uses,
                                             telephone message). Please note contact                 eligible for an initial Employment                    and refines current record keeping
                                             information provided here is solely for                 Authorization Document (EAD), a new                   procedures, the authority, and purpose
                                             questions regarding this notice. It is not              EAD, or an interim EAD as a qualifying                statements. A detailed description of the
                                             for individual case status inquiries.                   abused nonimmigrant spouse.                           systems updates and the new functions
                                             Applicants seeking information about                       (5) An estimate of the total number of             are contained in the SUPPLEMENTARY
                                             the status of their individual cases can                respondents and the amount of time                    INFORMATION section.
                                             check Case Status Online, available at                  estimated for an average respondent to
                                             the USCIS Web site at http://                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                     respond: The estimated total number of                Helen Goff Foster, Chief Privacy Officer/
                                             www.uscis.gov, or call the USCIS                        respondents for the information
                                             National Customer Service Center at                                                                           Senior Agency Official for Privacy, 451
                                                                                                     collection Form I–765V is 1,000 and the               Seventh Street SW., Room 10139,
                                             (800) 375–5283; TTY (800) 767–1833.                     estimated hour burden per response is                 Washington, DC 20410, telephone
                                             SUPPLEMENTARY INFORMATION:                              3 hours to complete the form, 1 hour for              number 202–402–6836 (this is not a toll-
                                             Comments                                                biometrics and .50 hours to obtain                    free number). Individuals who are
                                                                                                     passport-style photographs.                           hearing- and speech-impaired may
                                               You may access the information                           (6) An estimate of the total public
                                             collection instrument with instructions,                                                                      access this number via TTY by calling
                                                                                                     burden (in hours) associated with the                 the Federal Relay Service at 800–877–
                                             or additional information by visiting the               collection: The total estimated annual
                                             Federal eRulemaking Portal site at:                                                                           8339 (this is a toll-free number).
                                                                                                     hour burden associated with this
                                             http://www.regulations.gov and enter                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                     collection is 4,500 hours.
                                             USCIS–2016–0004 in the search box.                                                                            Amendments to this notice: HUD
                                                                                                        (7) An estimate of the total public                published in the Federal Register
                                             Written comments and suggestions from
                                                                                                     burden (in cost) associated with the                  system of records notice for
                                             the public and affected agencies should
                                                                                                     collection: The estimated total annual                Computerized Homes Underwriting
                                             address one or more of the following
                                                                                                     cost burden associated with this                      Management System—Development of
                                             four points:
                                                                                                     collection of information is $265,000.                New System of Records, Loan
                                               (1) Evaluate whether the proposed
                                             collection of information is necessary                    Dated: October 11, 2016.                            Application Management System on
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                                             for the proper performance of the                       Samantha Deshommes,                                   October 20, 2014, at 79 FR 62656–
                                             functions of the agency, including                      Chief, Regulatory Coordination Division,              62658, and amendments are being
                                             whether the information will have                       Office of Policy and Strategy, U.S. Citizenship       proposed to this notice, as follows:
                                             practical utility;                                      and Immigration Services, Department of                  Page 62657, in the first column, under
                                               (2) Evaluate the accuracy of the                      Homeland Security.                                    the system of records caption
                                             agency’s estimate of the burden of the                  [FR Doc. 2016–25101 Filed 10–17–16; 8:45 am]          ‘‘CATEGORIES OF INDIVIDUALS
                                             proposed collection of information,                     BILLING CODE 9111–97–P                                COVERED BY THE SYSTEM’’ this


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                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                          71751

                                             section is being updated to read:                          • HUD Employees: name and SSN or                      • NOTE: Certain records contained in
                                             Individuals who have applied for a                      other identifying number of employees                 this system which pertain to individuals
                                             mortgage insured under HUD/Federal                      involved in the single family                         contain principally proprietary
                                             Housing Administration’s single-family                  underwriting process. This includes, but              information concerning sole
                                             mortgage insurance programs, including                  is not limited to: Homeownership                      proprietorships that may also reflect
                                             any non-borrowing spouse(s) associated                  Center managers, staff appraisers,                    personal information, however, only the
                                             with a Home Equity Conversion                           architectural employees, receiving                    records reflecting personal information
                                             Mortgage (HECM) transaction. Also,                      clerks, assignment clerks, commitment                 are subject to the Privacy Act.
                                             HUD business partners (appraisers,                      clerks, records clerks, and closing                      Page 62658, in the second column,
                                             inspectors, mortgagee staff                             clerks.                                               under the system of records caption
                                             underwriters) and HUD employees                            • Individuals registering to access the            ‘‘RETENTION AND DISPOSAL’’ this
                                             (appraisers, mortgage credit examiners,                 HUD Housing Counselor Certification                   section is being amended to read:
                                             architectural employees, receiving                      Examination: legal first and last name,               Current Procedures: Data is retained
                                             clerks, assignment clerks, commitment                   mailing address, telephone number,                    online for 13 months after the date of
                                             clerks, records clerks, and closing                     email address, fax number (if                         endorsement, or 13–18 months for non-
                                             clerks) involved in the HUD/FHA                         applicable), SSN, and employer’s HUD                  endorsed cases, and then archived. The
                                             single-family underwriting process, and                 Housing Counseling System (HCS)                       archived data can be retrieved upon
                                             new records on individuals who pass                     number (if registrant’s employer is a                 request. In archive data, CHUMS retains
                                             the HUD Certified Housing Counselor                     housing counseling agency participating               case data indefinitely. The Records
                                             examination whether or not they                         in HUD’s Housing Counseling Program).                 Retention Schedule for CHUMS/F17 is
                                             become certified; individuals seeking                   Registrants have the option of providing              listed in the HUD Records Disposition
                                             HUD certified housing of new records.                   demographic information: race,                        Schedules Handbook (2225.6) Appendix
                                                Page 62657, in the first column, under               ethnicity, gender and languages in                    A—Single Family Home Mortgage
                                             the system of records captions                          which counseling services are offered.                Insurance Program Records. In addition,
                                             ‘‘CATEGORIES OF RECORDS IN THE                          HUD is collecting information on                      processes are being put in place to align
                                             SYSTEM’’ this section is being updated                  languages to assess the number of                     all practices where information will be
                                             to read: Automated files contain the                    examinees that might benefit from                     retained and disposed of in accordance
                                             following categories of records:                        certification examination training                    with HUD Records Disposition
                                                                                                                                                           Schedule Handbook (2225.6), which has
                                                • Mortgagors (Borrowers): name,                      materials being available in other
                                                                                                     languages. Information for fee payment                been approved by the National Archives
                                             address, Social Security number (SSN)
                                                                                                     will be collected by a third party vendor             and Records Administration. According
                                             or other identification number, racial/
                                                                                                     and will include credit card number,                  to Records Management Office and
                                             ethnic background (if disclosed), date of
                                                                                                     expiration date, and security code.                   Schedule 20 of HUD’s Record Retention
                                             birth, credit scores (often referred to as
                                                                                                                                                           Schedule, the requirement is to retain
                                             FICO® Scores), marital status, and                         • Individuals registering for HUD
                                                                                                                                                           for 6 years after the term of the loan. In
                                             details about the mortgage loan,                        Certified Housing Counselor status or
                                                                                                                                                           some cases, this may be up to 36 years,
                                             including loan application                              for Agency Application Coordinator for
                                                                                                                                                           at which time the information should be
                                             documentation. This information is                      FHA Connection: legal first and last
                                                                                                                                                           transferred to NARA. The transfer of the
                                             supplied by lenders during the mortgage                 name, mailing address, telephone                      data would eliminate the concern of not
                                             application and underwriting process.                   number, email address, fax number (if                 having access to the information if
                                                • Non-Borrowing Spouses: name,                       applicable), SSN, HUD Housing                         needed in the future.
                                             SSN or other identification number,                     Counselor Certification System ID                        According to GRS 1.2 DAA–GRS–
                                             date of birth, and details about the                    number, mother’s maiden name, and                     2013–0008–0001, records collected and
                                             mortgage loan, including loan                           employer’s HUD Housing Counseling                     stored for HUD Certified Housing
                                             application documentation. This                         System (HCS) ID number, and                           Counselor Certification and/or Client
                                             information is supplied by lenders                      verification of employing agency’s                    Housing Counseling Certificates that
                                             during the mortgage application and                     name.                                                 reside in the systems will be kept for a
                                             underwriting process on specific loan                      • Examination Information: scores                  minimum 10 years after the final action
                                             types to acknowledge in writing that the                from housing counselor certification                  is taken on the file, document, and/or
                                             non-borrowing spouse has protections                    examination list of all test-takers who               transaction. Longer retention is
                                             under the law to remain in the home                     pass the certification examination.                   authorized if required for business use
                                             after the death of their borrowing spouse                  • Client Certificate of Housing                    (Reference: GRS 1.2 DAA–GRS–2013–
                                             or an indication that the non-borrowing                 Counseling: legal first and last name and             0008–0001).
                                             spouse is not a borrower and not                        address of the housing counseling client                 After the record retention
                                             required to sign the loan contract and                  receiving counseling services from an                 requirements have been met (a
                                             the property does not serve as their                    agency participating in HUD’s Housing                 minimum of 10 years), the data and
                                             primary residence.                                      Counseling Program; legal first and last              records can be purged or deleted from
                                                • Appraisers and Inspectors: name,                   name and the Counselor ID number of                   the system. If paper records are
                                             address, SSN or other identification                    the counselor completing the client                   generated from the system, they can be
                                             number, territory, workload, and                        certificate of housing counseling; name,              archived at the local Federal Records
                                             minority data including racial/ethnic                   address, telephone number, Employer                   Center after the final action or
                                             background, Minority Business                           Identification Number (EIN), and HCS                  transaction has taken place.
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                                             Enterprise (MBE) Code, and sex, for                     ID number of the agency participating in                 Page 62658, in the first column is
                                             statistical tracking purposes. Mortgagee                HUD’s Housing Counseling Program;                     being updated to identify new
                                             (Lender) Staff Appraisers and                           date and type of counseling service                   disclosure requirements related to
                                             Underwriters, 203k Consultants, and                     received; fees collected or waived; and               Federal Housing Administration’s Office
                                             HECM Counselors: SSN or other                           whether counseling or education                       of Housing, by adding routine use (7) to
                                             identification number, territory and                    occurred in-person or remotely                        clarify that records from this SORN may
                                             workload of the individuals.                            (telephone or Internet).                              be disclosed to Government Sponsored


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                                             71752                        Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             Enterprises and other authorized                        Ownership Centers, located in Atlanta,                number, territory, workload, and
                                             entities to enhance HUD’s programs                      GA; Denver, CO; Philadelphia, PA; and                 minority data including racial/ethnic
                                             operations and performance through                      Santa Ana, CA; and the sixty-one (61)                 background, minority business
                                             automated underwriting, credit scoring,                 HUD owned and operated Field                          enterprise (MBE) Code, and sex, for
                                             and risk management, and records                        Offices 1 in various locations across the             statistical tracking purposes.
                                             related to counseling certification                     country.                                                 • Mortgagee (Lender) Staff Appraisers
                                             requirements, by adding routine use (11)                                                                      and Underwriters: SSN or other
                                             to clarify that records will be disclosed               CATEGORIES OF INDIVIDUALS COVERED BY THE              identification number, territory and
                                                                                                     SYSTEM:
                                             from the system to third party fee                                                                            workload of the individuals.
                                             collection service for payment of                         Individuals who have applied for a                     • HUD Employees: name, SSN or
                                             examination fees, and routine use (11)                  mortgage insured under HUD/FHA’s                      other identifying number of employees
                                             to clarify that non-PII records will be                 single-family mortgage insurance                      involved in the single family
                                             made available to the general public                    programs, including any non-borrowing                 underwriting process. This includes, but
                                             from the system.                                        spouses associated with the transaction.              is not limited to: Homeownership
                                                Pursuant to the Privacy Act and the                  Also, HUD business partners                           Center managers, staff appraisers,
                                             Office of Management and Budget                         (appraisers, inspectors, mortgagee staff              architectural employees, receiving
                                             (OMB) guidelines, the amended notices                   underwriters), HUD employees                          clerks, assignment clerks, commitment
                                             meets threshold requirements for having                 (appraisers, mortgage credit examiners,               clerks, records clerks, and closing
                                             to transmit a report to OMB, the Senate                 architectural employees, receiving                    clerks.
                                             Committee on Homeland Security and                      clerks, assignment clerks, commitment                    • Individuals registering to access the
                                             Governmental Affairs, and the House                     clerks, records clerks, and closing                   HUD Housing Counselor Certification
                                             Committee on Oversight and                              clerks) involved in the HUD/FHA                       Examination: Legal first and last name,
                                             Government Reform, as instructed by                     single-family underwriting process;                   mailing address, telephone number,
                                             paragraph 4c of Appendix l to OMB                       individuals who pass the HUD Certified                email address, fax number (if
                                             Circular No. A–130, ‘‘Federal Agencies                  Housing Counselor examination                         applicable), SSN, and employer’s HUD
                                             Responsibilities for Maintaining                        whether or not they become certified,                 Housing Counseling System (HCS)
                                             Records About Individuals,’’ November                   individuals seeking HUD certified                     number (if registrant’s employer is a
                                             28, 2000.                                               housing counselor certification, or                   housing counseling agency participating
                                                                                                     housing counseling clients receiving                  in HUD’s Housing Counseling Program).
                                               Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42
                                             U.S.C. 3535(d).                                         housing counseling from an agency                     Registrants have the option of providing
                                                                                                     participating in HUD’s Housing                        demographic information: Race,
                                               Dated: October 12, 2016.                                                                                    ethnicity, gender and languages in
                                                                                                     Counseling Program.
                                             Helen Goff Foster,                                                                                            which counseling services are offered.
                                             Chief Privacy Officer/Senior Agency Official            CATEGORIES OF RECORDS IN THE SYSTEM:                  HUD is collecting information on
                                             for Privacy.                                               Automated files contain the following              languages to assess the number of
                                             SYSTEM OF RECORDS NO:                                   categories of records:                                examinees that might benefit from
                                                HSNG.SF/HUP.02.                                         • Mortgagors (Borrowers): name,                    certification examination training
                                                                                                     address, Social Security number (SSN)                 materials being available in other
                                             SYSTEM NAMES:                                           or other identification number, racial/               languages. Information for fee payment
                                               Computerized Homes Underwriting                       ethnic background (if disclosed), date of             will be collected by a third party vendor
                                             Management System (CHUMS) F17/                          birth, credit scores (often referred to as            and will include credit card number,
                                             Loan Application Management System                      FICO® Scores), marital status, and                    expiration date, and security code.
                                             (LAMS) P292)).                                          details about the mortgage loan,                         • Individuals registering for HUD
                                                                                                     including loan application                            Certified Housing Counselor status or
                                             SYSTEM LOCATION:                                                                                              for Agency Application Coordinator for
                                                                                                     documentation. This information is
                                                The CHUMS and LAMS system is                         supplied by lenders during the mortgage               FHA Connection: Legal first and last
                                             hosted at the Hewlett Packard (HP)                      application and underwriting process.                 name, mailing address, telephone
                                             Facility at 2020 Union Carbide Drive,                      • Non-Borrowing Spouses: name,                     number, email address, fax number (if
                                             South Charleston, West Virginia 25303–                  SSN or other identification number,                   applicable), SSN, HUD Housing
                                             2734. HP is the designated records                      date of birth, and details about the                  Counselor Certification System ID
                                             management facility for LAMS and the                    mortgage loan, including loan                         number, mother’s maiden name, and
                                             Atlanta Federal Records Center at 4712                  application documentation. This                       employer’s HUD Housing Counseling
                                             Southpark Boulevard, Ellenwood, GA                      information is supplied by lenders                    System (HCS) ID number, and
                                             30294 is the records management                         during the mortgage application and                   verification of employing agency’s
                                             facility for CHUMS until LAMS is fully                  underwriting process on specific loan                 name.
                                             implemented. Additionally, staff in                     types to acknowledge in writing that the                 • Examination Information: Scores
                                             HUD Headquarters and throughout the                     non-borrowing spouse has protections                  from housing counselor certification
                                             country access CHUMS and LAMS                           under the law to remain in the home                   examination list of all test-takers who
                                             through HUD’s standard                                  after the death of their borrowing spouse             pass the certification examination.
                                             telecommunications network from                         or an indication that the non-borrowing                  • Client Certificate of Housing
                                             desktop work stations, and access by                    spouse is not a borrower and not                      Counseling: Legal first and last name
                                             both HUD employees and business                         required to sign the loan contract and                and address of the housing counseling
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                                             partners is granted via secure HTTP                     the property does not serve as their                  client receiving counseling services
                                             through the HUD FHA Connection                          primary residence.                                    from an agency participating in HUD’s
                                             portal. Internal and external HUD                          • Appraisers and Inspectors: name,                 Housing Counseling Program, legal first
                                             hosted locations are as follows: HUD                    address, SSN or other identification                  and last name and the Counselor ID
                                             headquarters building, 451 Seventh                                                                            number of the counselor completing the
                                             Street, SW., Washington, DC 20410; the                    1 http://portal.hud.gov/hudportal/documents/        client certificate of housing counseling,
                                             HUD owned and operated Home                             huddoc?id=append2.pdf.                                name, address, telephone number,


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                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                                71753

                                             Employer Identification Number (EIN),                      The new LAMS tool is being created                 (through passage of an examination) in
                                             and HCS ID number of the agency                         to become the eventual replacement                    identifying and understanding the
                                             participating in HUD’s Housing                          system for CHUMS. The existing                        breadth of homeownership and rental
                                             Counseling Program, date and type of                    functionality in CHUMS will be moved                  counseling services. Currently, a
                                             counseling service received, fees                       into LAMS in stages over the next five                potential homebuyer or homeowner is
                                             collected or waived and whether                         years. In its initial release, LAMS will              likely to seek a housing counseling
                                             counseling or education occurred in-                    enable HUD to start collecting case                   agency that specializes in a specific area
                                             person or remotely (telephone or                        binder data into an industry-wide                     and receive comprehensive counseling
                                             Internet).                                              electronic format that is acceptable to               by a counselor in that specific area. As
                                                                                                     Mortgage Industry Standard                            a result of increasing the breadth of
                                               Note: Certain records contained in this
                                             system which pertain to individuals contain             Maintenance Organization (MISMO)                      counseling service knowledge, a
                                             principally proprietary information                     data standards. The improved                          housing counselor providing counseling
                                             concerning sole proprietorships may also                enhancements will allow HUD to screen                 on a specific area requested by the client
                                             reflect personal information, however, only             out errors in the appraisal and                       would also be trained to identify cross-
                                             the records reflecting personal information             endorsement process more proficiently.                cutting issues that a client may not have
                                             are subject to the Privacy Act.                         In the past, HUD has identified far too               identified when seeking out a specific
                                                                                                     late in the appraisal and endorsement                 counselor or during the intake process
                                             AUTHORITY FOR MAINTENANCE OF THE SYSTEM:                process when a loan was at risk or in                 by the housing counseling agency. In
                                               Section 203, National Housing Act,                    danger of fraud. Implementing the new                 addition, certifying individual
                                             Public Law 73–479, enables HUD/FHA                      LAMS tool and new evaluation process                  counselors may further enhance the
                                             to process applications for HUD                         will allow HUD to better evaluate errors              high regard of agencies and counselors
                                             mortgage insurance and respond to                       in the appraisal and endorsement                      participating in HUD’s Housing
                                             inquiries regarding applications and                    process, and avoid endorsing                          Counseling Program.
                                             insured mortgages; The Housing and                      unqualified loans. FHA believes that                  ROUTINE USES OF RECORDS MAINTAINED IN THE
                                             Community Development Act of 1987,                      having the mortgage insurance                         SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                             42 U.S.C. 3543, authorizes HUD to                       documentation evaluated earlier on in                 THE PURPOSES OF SUCH USES:
                                             collect SSNs Social Security numbers                    the process will over time have a                       In addition to those disclosures
                                             for FHA Connect users are collected to                  tremendous impact on the performance                  generally permitted under 5 U.S.C.
                                             ensure mortgagee eligibility                            of HUD’s mortgage insurance programs.                 Section 552a (b) of the Privacy Act, all
                                             requirements are met, 12 U.S.C.                         The existing HUD data collected on                    or a portion of the records or
                                             § 1708(d)); Subtitle D of title XIV of the              applications for single-family mortgage               information contained in this system
                                             Dodd-Frank Wall Street Reform and                       insurance endorsements, includes                      may be disclosed outside HUD as a
                                             Consumer Protection Act, Public Law                     electronic copies of mortgage                         routine use pursuant to 5 U.S.C. 552a (b)
                                             111–203, 124 Stat. 1376 (July 21, 2010);                documentation, along with the results of              (3) as follows:
                                             Section 106 of the Housing and Urban                    automated risk scoring and fraud                        1. To appropriate agencies, entities,
                                             Development Act of 1968, 12 U.S.C.                      validations, electronic copies of the                 and persons to the extent such
                                             1701x.                                                  lender submitted mortgage insurance                   disclosures are compatible with the
                                                                                                     appraisal records, the underlying data                purpose for which the records in this
                                             PURPOSE(S):                                             and metadata of documentation                         system were collected, as set forth by
                                                The Loan Application Management                      obtained in the application,                          Appendix I—HUD’s Routine Use
                                             System (LAMS) is developed to better                    underwriting, insuring and closing                    Inventory Notice,2 published in the
                                             assist FHA with its automated                           stages of the mortgage loan transaction               Federal Register.
                                             processing, analysis, and screening of                  will be used for risk management                        2. To appropriate agencies, entities,
                                             the appraisal documentation. CHUMS is                   evaluation studies of the                             and persons when:
                                             developed to support lenders and HUD                    abovementioned mortgage insurance                       a. HUD suspects or has confirmed that
                                             staff in the processing of insurance                    portfolios. The purpose for collecting                the security or confidentiality of
                                             applications for single-family mortgages,               the new records that will be maintained               information in a system of records has
                                             from the initial loan application all the               by this system is to verify the                       been compromised;
                                             way through endorsement. Various                        participating agency’s compliance with                  b. HUD has determined that as a
                                             mortgage loan types are processed                       HUD’s Housing Counseling Program                      result of the suspected or confirmed
                                             through CHUMS, including loans for                      requirements. Other statutory changes to              compromise there is a risk of harm to
                                             First Time Homebuyers, Home Equity                      improve the effectiveness of housing                  economic or property interests, identity
                                             Conversion Mortgages (HECM), Section                    counseling include increasing the                     theft or fraud, or harm to the security or
                                             184 Indian Home Loan Guarantee, and                     breadth of counseling services so that                integrity of systems or programs
                                             203K rehabilitation loans. CHUMS                        they are comprehensive with respect to                (whether maintained by HUD or another
                                             provides HUD field office staff                         homeownership and rental counseling                   agency or entity) that rely upon the
                                             functionality for tracking and processing               and issuing client Certificates of                    compromised information;
                                             cases, and allows monitoring of                         Housing Counseling to verify counseling                 c. HUD determines that the disclosure
                                             workloads by field office management.                   requirements for FHA and other                        made to such agencies, entities, and
                                             CHUMS also contains the FHA TOTAL                       Federal, State, and local programs, as                persons is reasonably necessary to assist
                                             (Technology Open to Approved                            applicable. HUD’s Housing Counseling                  in connection with HUD’s efforts to
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                                             Lenders) Scorecard, which evaluates the                 Program currently provides                            respond to the suspected or confirmed
                                             overall creditworthiness of mortgage                    comprehensive homeownership and                       compromise of security.
                                             loan applications submitted through                     rental counseling. As noted in the                      3. To a congressional office from the
                                             Automated Underwriting Systems based                    proposed rule published on September                  record of an individual in response to
                                             on a number of credit variables, and                    13, 2013, an individual counselor, in
                                             determines the associated level of risk                 contrast to multiple counseling                         2 http://portal.hud.gov/hudportal/documents/

                                             for loans submitted for FHA insurance.                  agencies, will have to show competency                huddoc?id=routine_use_inventory.pdf.



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                                             71754                        Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             an inquiry from that congressional office               use for valid certified housing counselor             minimum of 6 years after the term of the
                                             made at the request of the individual to                identification numbers. The information               mortgage. In some cases, this may be up
                                             whom the record pertains.                               will be released to any interested person             to 36 years, at which time the
                                               4. To the Federal Bureau of                           only through a specific Web page on                   information should be transferred to
                                             Investigations for investigations of                    either www.hud.gov or the HUD                         NARA. The transfer of the data would
                                             possible fraud revealed in FHA                          Exchange designated by HUD.                           eliminate the concern of not having
                                             underwriting, insuring or monitoring                                                                          access to the information if needed in
                                             process for mortgage insurance.                         POLICIES AND PRACTICES FOR STORING,
                                                                                                     RETRIEVING, ACCESSING, RETAINING, AND
                                                                                                                                                           the future. The records collected and
                                               5. To the Department of Justice for                                                                         stored for HUD Certified Housing
                                                                                                     DISPOSING OF RECORDS IN THE SYSTEM:
                                             prosecutions of fraud revealed in FHA                                                                         Counselor Certification and/or Client
                                             underwriting, insuring or monitoring                    STORAGE:
                                                                                                                                                           Housing Counseling Certificates that
                                             process for mortgage insurance.                            Records in this system are stored on               reside in the systems will be kept for a
                                               6. To the General Accounting Office                   magnetic tape/disc/drum. If paper                     minimum 10 years after the final action
                                             (GAO) for audit purposes.                               records are generated, they will be                   is taken on the file, document, and/or
                                               7. To financial institutions (including               stored from unauthorized use and stored               transaction. Longer retention is
                                             Government Sponsored Enterprises),                      at the Federal Records facility.                      authorized if required for business use
                                             computer software companies and other                                                                         (Reference: GRS 1.2 DAA–GRS–2013–
                                             Federal agencies (including the Federal                 RETRIEVABILITY:
                                                                                                                                                           0008–0001). After the record retention
                                             Reserve) to enhance program operations                    Electronic/paper records are retrieved
                                                                                                                                                           requirements have been met (a
                                             and performance through automated                       by case number, name, social security
                                                                                                                                                           minimum of 10 years), the data and
                                             underwriting, credit scoring and risk                   number housing counselor ID number,
                                                                                                                                                           records can be purged or deleted from
                                             management.                                             or other identification number. Office of
                                                                                                                                                           the system. Backup and Recovery digital
                                               8. To other federal agencies (including               Housing Counseling Staff will be able to
                                                                                                                                                           media will be destroyed or otherwise
                                             the Federal Reserve) for purposes of                    retrieve counselor employment history
                                                                                                                                                           rendered irrecoverable per NIST SP
                                             research not involving personally                       for specific time periods. The general
                                                                                                                                                           800–88 ‘‘Guidelines for Media
                                             identifiable information, to evaluate                   public will be able to verify if a
                                                                                                                                                           Sanitization’’ (September 2006). This
                                             program effectiveness in meeting                        counselor is currently certified by HUD
                                                                                                                                                           complies with all Federal regulations.
                                             HUD’s/FHA’s mission, or to inform                       through a public access Web page on
                                             policy makers on changes to effect                      HUD.gov or HUD Exchange. The public                   SYSTEM MANAGER(S) AND ADDRESS:
                                             program improvements.                                   search will identify the name of the
                                                                                                                                                             Director, Office of Single Family
                                               9. To the Department’s Office of                      housing counselor and agency(ies) the
                                                                                                                                                           Program Development, Department of
                                             Policy Development Research and its                     counselor is employed by. Full access to
                                                                                                                                                           Housing and Urban Development, 451
                                             researchers for mortgage credit                         HUD Certified Housing Counselor
                                                                                                                                                           Seventh Street SW., Washington, DC
                                             evaluations and statistical analysis.                   Database information in CHUMS will be
                                               10. To contractors, grantees, experts,                                                                      20410.
                                                                                                     limited to a few individuals on an as-
                                             consultants, and the agents thereof, and                needed basis for compliance purposes.                 NOTIFICATION AND RECORD ACCESS
                                             others performing or working on a                                                                             PROCEDURES:
                                                                                                     SAFEGUARDS:
                                             contract, service, grant, cooperative
                                                                                                       Electronic records are maintained in                   For Information, assistance, or
                                             agreement with HUD, when necessary to
                                                                                                     secure areas, and access is limited to                inquiries about the existence of records,
                                             accomplish an agency function related
                                                                                                     authorized personnel.                                 contact Helen Goff Foster, Chief Privacy
                                             to these system of records, limited to
                                                                                                                                                           Officer/Senior Agency Official for
                                             only those data elements considered                     RETENTION AND DISPOSAL:                               Privacy, 451 Seventh Street SW., Room
                                             relevant to accomplishing an agency                        Current Procedures: Data is retained               10139, Washington, DC 20410,
                                             function. Individuals provided                          online for 13 months after the date of                telephone number 202–402–6836 (this
                                             information under this routine use is                   endorsement, or 13–18 months for non-                 is not a toll-free number). When seeking
                                             subject to the same Privacy Act                         endorsed cases, and then archived. The                records about yourself from this system
                                             requirements and limitations on                         archived data can be retrieved upon                   of records or any other HUD system of
                                             disclosure as are applicable to HUD                     request. In archive data, CHUMS retains               records, your request must conform
                                             officers and employees. To contractors,                 case data indefinitely. The Records                   with the Privacy Act regulations set
                                             experts, consultants with whom HUD                      Retention Schedule for CHUMS/F17 is                   forth in 24 CFR part 16 ‘‘Procedures for
                                             has a contract, service agreement or                    listed in the HUD Records Disposition                 Inquiries’’. You must first verify your
                                             other assignment of the Department,                     Schedules Handbook (2225.6), Schedule                 identity by providing your full name,
                                             when necessary to utilize relevant data                 20,3 and Single Family Home Mortgage                  current address, and date and place of
                                             for purposes of testing new technology                  Insurance Program Records.                            birth. You must sign your request, and
                                             and systems designed to enhance
                                                                                                                                                           your signature must either be notarized
                                             program operations and performance.                     FUTURE PROCEDURES:
                                               11. To third party fee collection                                                                           or submitted under 28 U.S.C. 1746, a
                                                                                                        Processes are being put in place to                law that permits statements to be made
                                             service when needed for payment of                      align all practices where information
                                             certified housing counselor examination                                                                       under penalty of perjury as a substitute
                                                                                                     will be retained, archived, then                      for notarization. In addition, your
                                             fees. Only legal name, address for credit               destroyed in accordance with HUD
                                             card billing, and telephone number will                                                                       request should:
                                                                                                     approved Records Disposition Schedule
                                             be released.                                                                                                     (1) Explain why you believe HUD
                                                                                                     Handbook (2225.6), Schedule 20.
                                                                                                                                                           would have information on you.
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                                               12. To the general public to verify if                According to Records Management
                                             a certified housing counselor                           Office and Schedule 20 of HUD’s Record                   (2) Identify which HUD office you
                                             identification number is valid. Only                    Retention Schedule, records will be                   believe has the records about you.
                                             certified housing counselor first and last              retained, archived, and destroyed a                      (3) Specify when you believe the
                                             name and housing counseling                                                                                   records would have been created.
                                             agency(ies) that employ this counselor                    3 http://portal.hud.gov/hudportal/documents/           (4) Provide any other information that
                                             will be released under this be routine                  huddoc?id=22256x20admh-1.pdf.                         will help the FOIA staff determine


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                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                            71755

                                             which HUD office may have responsive                    The purpose of this notice is to allow for            determine compliance with the
                                             records.                                                60 days of public comment.                            statutory 24-month commitment
                                               If you are seeking records pertaining                 DATES: Comments Due Date: November                    deadline and the regulatory 5-year
                                             to another living individual, you must                  17, 2016.                                             expenditure deadline (§ 92.500(d)). The
                                             obtain a statement from that individual                 ADDRESSES: Interested persons are                     project-specific property, tenant, owner,
                                             certifying their agreement for you to                   invited to submit comments regarding                  and financial data is used to compile
                                             access their records. Without the above                 this proposal. Comments should refer to               annual reports to Congress required at
                                             information, the HUD Office may not be                  the proposal by name and/or OMB                       Section 284(b) of the HOME Investment
                                             able to conduct an effective search, and                Control Number and should be sent to:                 Partnerships Act, as well as to make
                                             your request may be denied due to lack                  Anna P. Guido, Reports Management                     program management decisions about
                                             of specificity or lack of compliance with               Officer, QDAM, Department of Housing                  how well program participants are
                                             applicable regulations.                                 and Urban Development, 451 7th Street                 achieving the statutory objectives of the
                                                                                                     SW., Room 4176, Washington, DC                        HOME Program. Program management
                                             CONTESTING RECORD PROCEDURES:                                                                                 reports are generated by IDIS to provide
                                                                                                     20410–5000; telephone 202–402–5535
                                                The Department’s rules for contesting                                                                      data on the status of program
                                                                                                     (this is not a toll-free number) or email
                                             contents of records and appealing initial                                                                     participants’ commitment and
                                                                                                     at Anna.P.Guido@hud.gov for a copy of
                                             denials appear in 24 CFR part 16,                                                                             disbursement of HOME funds. These
                                                                                                     the proposed forms or other available
                                             ‘‘Procedures for Inquiries.’’ Additional                                                                      reports are provided to HUD staff as
                                                                                                     information. Persons with hearing or
                                             assistance may be obtained by                                                                                 well as to HOME PJs.
                                                                                                     speech impairments may access this                       Management reports required in
                                             contacting Helen Goff Foster, Chief
                                                                                                     number through TTY by calling the toll-               conjunction with the Annual
                                             Privacy Officer/Senior Agency Official
                                                                                                     free Federal Relay Service at (800) 877–              Performance Report (§ 92.509) are used
                                             for Privacy, 451 Seventh Street SW.,
                                                                                                     8339.                                                 by HUD Field Offices to assess the
                                             Room 10139, Washington, DC 20410, or
                                             the HUD Departmental Privacy Appeals                    FOR FURTHER INFORMATION CONTACT:                      effectiveness of locally designed
                                             Officer, Office of General Counsel,                     Anna P. Guido, Reports Management                     programs in meeting specific statutory
                                             Department of Housing and Urban                         Officer, QDAM, Department of Housing                  requirements and by Headquarters in
                                             Development, 451 Seventh Street SW.,                    and Urban Development, 451 7th Street                 preparing the Annual Report to
                                             Room 10110, Washington, DC 20410.                       SW., Washington, DC 20410; email                      Congress. Specifically, these reports
                                                                                                     Anna P. Guido at Anna.P.Guido@                        permit HUD to determine compliance
                                             RECORD SOURCE CATEGORIES:                               hud.gov or telephone 202–402–5535.                    with the requirement that PJs provide a
                                                Records in the system are obtained                   This is not a toll-free number. Persons               25 percent match for HOME funds
                                             from: Mortgagors, appraisers, inspectors,               with hearing or speech impairments                    expended during the Federal fiscal year
                                             mortgagee staff appraisers, mortgagee                   may access this number through TTY by                 (Section 220 of the Act) and that
                                             staff underwriters, housing counselors,                 calling the toll-free Federal Relay                   program income be used for HOME
                                             individuals that pass the HUD Certified                 Service at (800) 877–8339.                            eligible activities (Section 219 of the
                                             Housing Counselor examination, HUD                         Copies of available documents                      Act), as well as the Women and
                                             Housing Counseling Program clients                      submitted to OMB may be obtained                      Minority Business Enterprise
                                             that receive education and counseling                   from Ms. Guido.                                       requirements (§ 92.351(b)).
                                             from a HUD participating housing                        SUPPLEMENTARY INFORMATION: This                          Financial, project, tenant and owner
                                             counseling agency, and HUD                              notice informs the public that HUD is                 documentation is used to determine
                                             employees.                                              seeking approval from OMB for renewal                 compliance with HOME Program cost
                                                                                                     of the information collection described               limits (Section 212(e) of the Act),
                                             SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS                                                                      eligible activities (§ 92.205), and eligible
                                                                                                     in Section A.
                                             OF THE ACT:                                                                                                   costs (§ 92.206), as well as to determine
                                                                                                        The Federal Register notice that
                                                None.                                                solicited public comment on the                       whether program participants are
                                             [FR Doc. 2016–25177 Filed 10–17–16; 8:45 am]            information collection for a period of 60             achieving the income targeting and
                                             BILLING CODE 4210–67–P                                  days was published on July 22, 2016 at                affordability requirements of the Act
                                                                                                     81 FR 47815.                                          (Sections 214 and 215). Other
                                                                                                                                                           information collected under Subpart H
                                             DEPARTMENT OF HOUSING AND                               A. Overview of Information Collection                 (Other Federal Requirements) is
                                             URBAN DEVELOPMENT                                         Title of Information Collection: HOME               primarily intended for local program
                                                                                                     Investment Partnerships Program                       management and is only viewed by
                                             [Docket No. FR–5909–N–72]
                                                                                                     (HOME).                                               HUD during routine monitoring visits.
                                             30-Day Notice of Proposed Information                     OMB Control Number: 2506–0171.                      The written agreement with the owner
                                             Collection: HOME Investment                               Type of Request: Extension of                       for long-term obligation (§ 92.504) and
                                             Partnership Program                                     currently approved collection.                        tenant protections (§ 92.253) are
                                                                                                       Form Number: HUD 40093, SF 1199A,                   required to ensure that the property
                                             AGENCY:  Office of the Chief Information                HUD 27055, HUD 40107, HUD 4010.                       owner complies with these important
                                             Officer, HUD.                                             Description of the need for the                     elements of the HOME Program and are
                                             ACTION: Notice.                                         information and proposed use: The                     also reviewed by HUD during
                                                                                                     information collected through HUD’s                   monitoring visits. HUD reviews all other
                                             SUMMARY:   HUD is seeking approval from                 Integrated Disbursement and                           data collection requirements during
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                                             the Office of Management and Budget                     Information System (IDIS) (24 CFR                     monitoring to assure compliance with
                                             (OMB) for renewal of the information                    92.502) is used by HUD Field Offices,                 the requirements of the Act and other
                                             collection described below. In                          HUD Headquarters, and HOME Program                    related laws and authorities.
                                             accordance with the Paperwork                           Participating Jurisdictions (PJs). The                   HUD tracks PJ performance and
                                             Reduction Act, HUD is requesting                        information on program funds                          compliance with the requirements of 24
                                             comment from all interested parties on                  committed and disbursed is used by                    CFR parts 91 and 92. PJs use the
                                             the proposed collection of information.                 HUD to track PJ performance and to                    required information in the execution of


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Document Created: 2016-10-17 23:52:46
Document Modified: 2016-10-17 23:52:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice Amendment.
ContactHelen Goff Foster, Chief Privacy Officer/Senior Agency Official for Privacy, 451 Seventh Street SW., Room 10139, Washington, DC 20410, telephone number 202-402-6836 (this is not a toll-free number). Individuals who are hearing- and speech- impaired may access this number via TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).
FR Citation81 FR 71750 

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