Privacy Act; Proposed New Systems of Records

Federal RegisterJul 23, 1999

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. 4456-N-04]

Privacy Act; Proposed New Systems of Records

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Establish three new privacy Act systems of records.

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SUMMARY: The Department of Housing and Urban Development (HUD) proposes

to establish three new record systems to add to its inventory of

systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a),

as amended. The proposed new systems of records are: HUD/FHA Lender

approval Files, HUD/HS-50, Single Family Insurance System (A33) and

Home Equity Conversion Mortgage System (F12), HUD/HS-10 and Single

Family Data Warehouse System (D64A), HUD/HS-15. HUD/FHA Lender Approval

Files contains information pertaining to individuals who are principals

or officers of financial institutions seeking approval or approved to

originate, service or hold FHA single family or multifamily insured

mortgages, or Title I insured loans. The Single Family Insurance System

and Home Equity Conversion Mortgage System contains information on

individuals who have obtained a mortgage insured under HUD/FHA's single

family mortgage insurance programs and individuals who assumed an

insured mortgage. The Single Family Data Warehouse System contains

information on individuals who have obtained a mortgage insured under

HUD/FHA's Title I and Title II single family mortgage insurance

programs, individuals who assumed such a mortgage, and individuals

involved in appraising or underwriting the mortgage.

DATES: Effective Date: This action shall be effective without further

notice in 30 calendar days unless comments are received during or

before this period that would result in a contrary determination.

Comments due by: August 23, 1999.

ADDRESSES: Interested persons are invited to submit comments regarding

these new systems of records to the Rules Docket Clerk, Office of

General Counsel, room 10276, Department of Housing and Urban

Development, 451 Seventh Street, SW, Washington, DC 20410-0500.

Communication should refer to the above docket number and title. An

original and four copies of comments should be submitted. Facsimile

(FAX) comments are not acceptable. A copy of each communication

submitted will be available for public inspection and copying between

7:30 a.m. and 5:30 p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Jeanette Smith, Departmental Privacy

Act Officer, Telephone Number (202) 708-2374.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5

U.S.C. 552a), as amended notice is given that HUD proposes to establish

three new systems of records as identified as Single Family Insurance

(A43) and Home Equity Conversion Mortgage System (F12), HUD/HS-10,

Single Family Data Warehouse System (D64A), HUD/HS-15, and HUD/FHA

Lender Approval Files, HUD/HS-50.

Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be

afforded a 30-day period in which to comment on the new systems of

records.

The new system report was submitted to the Office of Management and

Budget (OMB), the Senate Committee on Governmental Affairs, and the

House Committee on Government Operations pursuant to paragraph 4c of

Appendix 1 to OMB Circular No. A-130, ``Federal Responsibilities for

Maintaining Records About Individuals,'' July 25, 1994; 59 FR 37914.

Authority: 5 U.S.C. 552a 88 Stat. 1896; 342 U.S.C. 3535(d).

Dated: July 20, 1999.

Gloria R. Parker,

Chief Information Officer.

HUD/HS-50

SYSTEM NAME:

HUD/FHA Lender Approval Files.

SYSTEM LOCATION:

Headquarters and Single Family Homeownership Centers in Atlanta,

Denver, Philadelphia, and Santa Ana.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who are principals or officers of financial

institutions seeking approval or approved to originate, service or hold

FHA single family or multifamily insured mortgages, or Title I insured

loans.

CATEGORIES OF RECORDS IN THE SYSTEM:

Manual files contain name, address, social security number, and may

contain resumes and credit bureau reports. Automated files contain name

and social security number.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Title I and Title II of the National Housing Act; 12 U.S.C. 1703,

1709 and 1751b; 42 U.S.C. 1436a and 3535(d).

[[Page 40033]]

PURPOSE:

The information in this system of records enables HUD/FHA to comply

with any orders of the Mortgagee Review Board which disqualify

individuals as principals or officers of FHA-approved lenders. It also

permits correspondence to be addressed to individuals rather than job

titles.

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.

552a(b) of the Privacy Act other routine uses include:

(a) To the FBI to investigate possible fraud revealed in

underwriting, insuring or monitoring.

(b) To Department of Justice for prosecution of fraud revealed in

underwriting, insuring or monitoring.

(c) To General Accounting Office (GAO) for audit purposes.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Manual records are stored in file folders. Automated records are

stored on magnetic tape/disc/drum.

RETRIEVABILITY:

Records are retrieved by name, social security number or other

identification number.

SAFEGUARDS:

Manual records are maintained in lockable file cabinets in secure

office space. Automated records are maintained in secured areas. Access

is limited to authorized personnel.

RETENTION AND DISPOSAL:

Manual records are maintained for 10 years beyond the lender's

approval termination. Automated records are maintained for 10 years

beyond the individual's replacement.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Lender Approval and Recertification Division, HULL,

Department of Housing and Urban Development, 451 Seventh Street, SW,

Washington, DC 20410.

Notification procedure:

For information, assistance, or inquiry about existence of records,

contact the Privacy Act Officer at the appropriate location in

accordance with 24 CFR part 16. A list of all locations is given in

appendix A.

Record access procedures:

The Department's rules for providing access to records to the

individual concerned appear in 24 CFR part 16. If additional

information or assistance is required, contact the Privacy Act Officer

at the appropriate location. A list of all locations is given in

appendix A.

Contesting record procedures:

The Department's rules for contesting the contents of records and

appealing initial denials, by the individual concerned, appear in 24

CFR part 16. If additional information or assistance is needed, it may

be obtained by contacting: (i) In relation to contesting contents of

records, the Privacy Act Officer at the appropriate location. A list of

all locations is given in appendix A; (ii) in relation to appeals of

initial denials, the HUD Departmental Privacy Appeals Officer, Office

of General Counsel, Department of Housing and Urban Development, 451

Seventh Street, SW, Washington, DC 20410.

Record source categories:

Mortgagee officer or principal.

HUD/HS-10

SYSTEM NAME:

Single Family Insurance System and Home Equity Conversion Mortgage

System.

SYSTEM LOCATION:

Headquarters and Single Family Homeownership Centers in Atlanta,

Denver, Philadelphia, and Santa Ana.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who have obtained a mortgage insured under HUD/FHA's

single family mortgage insurance programs and individuals who assumed

an insured mortgage.

CATEGORIES OF RECORDS IN THE SYSTEM:

Automated files contain name, address, and social security number

on mortgagors; and data regarding the insured loan such as original

terms and status of the mortgage insurance.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Sec. 203, National Housing Act, Pub. L. 73-479.

PURPOSE:

The information in this system of records enables HUD/FHA to

operate the single family mortgage insurance programs (e.g., refund

unearned premiums to homeowners who prepay their mortgage) and respond

to inquiries regarding insured mortgages.

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.

552a(b) of the Privacy Act other routine uses include: To General

Accounting Office (GAO) for audit purposes.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored on magnetic tape/disc/drum.

RETRIEVABILITY:

Records are retrieved by name, social security number or other

identification number.

SAFEGUARDS:

Automated records are maintained in secured areas. Access is

limited to authorized personnel.

RETENTION AND DISPOSAL:

Computerized records of insured cases are retained for at least 3

years beyond maturity, prepayment, or claim termination.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Single Family Insurance Operations Division, HFFF,

Department of Housing and Urban Development, 451 Seventh Street, SW,

Washington, DC 20410.

NOTIFICATION PROCEDURE:

For information, assistance, or inquiry about existence of records,

contact the Privacy Act Officer at the appropriate location in

accordance with 24 CFR part 16. A list of all locations is given in

appendix A.

Record access procedures:

The Department's rules for providing access to records to the

individual concerned appear in 24 CFR part 16. If additional

information or assistance is required, contact the Privacy Act Officer

at the appropriate location. A list of all locations is given in

appendix A.

Contesting record procedures:

The Department's rules for contesting the contents of records and

appealing initial denials, by the individual concerned, appear in 24

CFR part 16. If additional information or assistance is needed, it may

be obtained by contacting: (i) In relation to contesting contents of

records, the Privacy Act Officer at the appropriate location. A list of

all locations is given in appendix A; (ii) in relation to appeals of

initial denials, the HUD Departmental Privacy Appeals Officer, Office

of General Counsel, Department of Housing and Urban Development, 451

Seventh Street, SW, Washington, DC 20410.

Record source categories:

Mortgagors, mortgagees.

[[Page 40034]]

HUD/HS-15

System name:

Single Family Data Warehouse System (D64A).

System location:

Headquarters and Single Family Homeownership Centers in Atlanta,

Denver, Philadelphia, and Santa Ana.

Categories of individuals covered by the system:

Individuals who have obtained a mortgage insured under HUD/FHA's

single family mortgage insurance programs, individuals who assumed such

a mortgage, and individuals involved in appraising or underwriting the

mortgage.

Categories of records in the system:

Automated files contain name, address, and social security number;

racial/ethnic background, if disclosed, on mortgagors; identifying

numbers on individuals involved in processing the loan; and data

regarding currently and formerly insured mortgages. The loan data

includes underwriting data, such as loan-to-value ratios and credit

ratios; original terms, such as mortgage amount, interest rate, term in

months; status of the mortgage insurance; and history of payment

defaults, if any.

Authority for maintenance of the system:

Sec. 203, National Housing Act, Pub. L. 73-479.

Purpose:

This information aids HUD/FHA's monitoring of the single family

mortgage insurance programs; it brings together data regarding the

mortgage, its performance and parties involved, which facilitates

research and analysis.

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.

552a(b) of the Privacy Act other routine uses include:

(a) To the FBI to investigate possible fraud revealed in

underwriting, insuring or monitoring.

(b) To Department of Justice for prosecution of fraud revealed in

underwriting, insuring or monitoring.

(c) To General Accounting Office (GAO) for audit purposes.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored on magnetic tape/disc/drum.

RETRIEVABILITY:

Records are retrieved by name, social security number or other

identification number, case number, property address, or any other type

of stored data.

SAFEGUARDS:

Automated records are maintained in secured areas. Access is

limited to authorized personnel.

RETENTION AND DISPOSAL:

Computerized records of insured cases are retained for at least 10

years beyond maturity, prepayment, or claim termination.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Field Management, Office of the Deputy Assistant

Secretary for Single Family Housing, HU, Department of Housing and

Urban Development, 451 Seventh Street, SW, Washington, DC 20410.

NOTIFICATION PROCEDURE:

For information, assistance, or inquiry about existence of records,

contact the Privacy Act Officer at the appropriate location in

accordance with 24 CFR part 16. A list of all locations is given in

appendix A.

RECORD ACCESS PROCEDURES:

The Department's rules for providing access to records to the

individual concerned appear in 24 CFR part 16. If additional

information or assistance is required, contact the Privacy Act Officer

at the appropriate location. A list of all locations is given in

appendix A.

CONTESTING RECORD PROCEDURES:

The Department's rules for contesting the contents of records and

appealing initial denials, by the individual concerned, appear in 24

CFR part 16. If additional information or assistance is needed, it may

be obtained by contacting: (i) In relation to contesting contents of

records, the Privacy Act Officer at the appropriate location. A list of

all locations is given in appendix A; (ii) in relation to appeals of

initial denials, the HUD Departmental Privacy Appeals Officer, Office

of General Counsel, Department of Housing and Urban Development, 451

Seventh Street, SW, Washington, DC 20410.

RECORD SOURCE CATEGORIES:

Mortgagors, appraisers, mortgagee staff underwriters, and HUD

employees--indirectly, immediate source is the operational system that

captures the data (CHUMS, SFIS, SF Claims, SF Default Monitoring

System).

[FR Doc. 99-18882 Filed 7-22-99; 8:45 am]

BILLING CODE 4210-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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