Notice2022-10798
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2022
Effective
May 20, 2022
Issuing agencies
Federal Housing Finance Agency
Abstract
In accordance with the requirements of the Privacy Act of 1974, as amended, (Privacy Act), the Federal Housing Finance Agency (FHFA or Agency) gives notice of a new proposed Privacy Act system of records entitled "Fair Lending Oversight Data System" (FHFA-27). The new system will be used to store, maintain, and analyze information for fair lending oversight.
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30947-30949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10798]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2022-N-6]
Privacy Act of 1974; System of Records
AGENCY: Federal Housing Finance Agency.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, (Privacy Act), the Federal Housing Finance Agency
(FHFA or Agency) gives notice of a new proposed Privacy Act system of
records entitled ``Fair Lending Oversight Data System'' (FHFA-27). The
new system will be used to store, maintain, and analyze information for
fair lending oversight.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records will go into effect without further notice on May 20, 2022,
unless otherwise revised pursuant to comments received. New routine
uses will go into effect on June 21, 2022. Comments must be received on
or before June 21, 2022. FHFA will publish a new notice if the
effective date is delayed in order for the Agency to review the
comments or if changes are made based on comments received.
ADDRESSES: Submit comments to FHFA, identified by ``2022-N-6,'' using
any one of the following methods:
<bullet> Agency Website: <a href="https://www.fhfa.gov/open-for-comment-or-input">https://www.fhfa.gov/open-for-comment-or-input</a>.
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments. If you submit your
comment to the Federal eRulemaking Portal, please also send it by email
to FHFA at <a href="/cdn-cgi/l/email-protection#287a4d4f6b4745454d465c5b684e404e49064f475e"><span class="__cf_email__" data-cfemail="2d7f484a6e4240404843595e6d4b454b4c034a425b">[email protected]</span></a> to ensure timely receipt by FHFA.
Please include ``Comments/No. 2022-N-6'' in the subject line of the
message.
<bullet> Hand Delivered/Courier: The hand delivery address is:
Clinton Jones, General Counsel, Attention: Comments/No. 2022-N-6,
Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC
20219. The package should be delivered to the Seventh Street entrance
Guard Desk, First Floor, on business days between 9 a.m. and 5 p.m.,
EST.
<bullet> U.S. Mail, United Parcel Service, Federal Express, or
Other Mail Service: The mailing address for comments is: Clinton Jones,
General Counsel, Attention: Comments/No. 2022-N-6, Federal Housing
Finance Agency, 400 Seventh Street SW, Washington, DC 20219. Please
note that all mail sent to FHFA via the U.S. Postal Service is routed
through a national irradiation facility, a process that may delay
delivery by approximately two weeks. For any time-sensitive
correspondence, please plan accordingly.
See SUPPLEMENTARY INFORMATION for additional information on
submission and posting of comments.
FOR FURTHER INFORMATION CONTACT: James Wylie, Associate Director,
<a href="/cdn-cgi/l/email-protection#296348444c5a077e5045404c694f414f48074e465f"><span class="__cf_email__" data-cfemail="dd97bcb0b8aef38aa4b1b4b89dbbb5bbbcf3bab2ab">[email protected]</span></a> or (202) 649-3209; Stacy Easter, Privacy Act
Officer, <a href="/cdn-cgi/l/email-protection#6313110a1502001a23050b05024d040c15"><span class="__cf_email__" data-cfemail="d0a0a2b9a6b1b3a990b6b8b6b1feb7bfa6">[email protected]</span></a> or (202) 649-3803; or Tasha Cooper, Senior
Agency Official for Privacy, <a href="/cdn-cgi/l/email-protection#a7d7d5ced1c6c4dee7c1cfc1c689c0c8d1"><span class="__cf_email__" data-cfemail="d7a7a5bea1b6b4ae97b1bfb1b6f9b0b8a1">[email protected]</span></a> or (202) 649-3091 (not
toll-free numbers), Federal Housing Finance Agency, 400 Seventh Street
SW, Washington, DC 20219. For TTY/TRS users with hearing and speech
disabilities, dial 711 and ask to be connected to any of the contact
numbers above.
SUPPLEMENTARY INFORMATION:
I. Comments
FHFA seeks public comments on a new system of records and will take
all comments into consideration. See 5 U.S.C. 552a(e)(4) and (11). In
addition to referencing ``Comments/No. 2022-N-6,'' please reference
``FHFA-27, Fair Lending Oversight Data System.''
FHFA will make all comments timely received available for
examination by the public through the electronic comment docket for
this notice, which is located on the FHFA website at <a href="http://www.fhfa.gov">http://www.fhfa.gov</a>. All comments received will be posted without change and
will include any personal information you provide, such as name,
address (mailing and email), telephone numbers, and any other
information you provide.
II. Introduction
This notice informs the public of FHFA's proposal to establish and
maintain a new system of records. This notice satisfies the Privacy
Act's requirement that an agency publish a system of records notice in
the Federal Register when establishing a new or making a significant
change to an agency's system of records. Congress has recognized that
application of all requirements of the Privacy Act to certain
categories of records may have an undesirable and often unacceptable
effect upon agencies in the conduct of necessary public business.
Consequently, Congress established general exemptions and specific
exemptions that can be used to exempt records from provisions of the
Privacy Act. Congress also mandates that exempting records from
provisions of the Privacy Act requires the head of an agency to publish
a determination to exempt a record from the Privacy Act in accordance
with the Administrative Procedure Act. Records and information in this
system of records are not exempt from the requirements of the Privacy
Act.
As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to
section
[[Page 30948]]
7 of OMB Circular No. A-108, Federal Agency Responsibilities for
Review, Reporting, and Publication under the Privacy Act, (81 FR 94424
(Dec. 23, 2016)), prior to publication of this notice, FHFA submitted a
report describing the system of records covered by this notice to the
OMB, the Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
The proposed new system of records described above is set forth in
its entirety below.
SYSTEM NAME AND NUMBER:
Fair Lending Oversight Data System, FHFA-27.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Housing Finance Agency, 400 Seventh Street SW, Washington,
DC 20219, and any alternate work site used by employees of FHFA,
including contractors assisting agency employees.
SYSTEM MANAGER(S):
Office of Fair Lending Oversight, Associate Director, (202) 649-
3209, Federal Housing Finance Agency, 400 Seventh Street SW,
Washington, DC 20219, and any alternate work site utilized by employees
of FHFA or by individuals assisting such employees.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system is established and maintained pursuant to 12 U.S.C.
4511, 4514, 4517, 4544, 4561, and section 4562 of the Federal Housing
Enterprises Financial Safety and Soundness Act (Safety and Soundness
Act) as amended by section 1125 of the Housing and Economic Recovery
Act of 2008 (12 U.S.C. 4544(c)); 42 U.S.C. 3608(d) of the Fair Housing
Act; Executive Order No. 12892; FHFA Order Nos. 2021-OR-FHLMC-2 and
2021-OR-FNMA-2; and the Final Redesigned Uniform Residential Loan
Application Status Under Regulation B, 12 CFR 1002.5(b) through (d).
PURPOSE(S) OF THE SYSTEM:
The Fair Lending Oversight Data System is a collection of
information about borrowers, property, and loan applications. The
system is being established by FHFA to store, maintain, and analyze
information for fair lending oversight of the Federal National Mortgage
Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation
(Freddie Mac). The system will be used to analyze compliance with the
Fair Housing Act, the Equal Credit Opportunity Act, and the Safety and
Soundness Act.
The system will also be used to share information with federal
agencies for fair lending and fair housing research, investigation,
supervision, and enforcement.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Borrowers of Fannie Mae or Freddie Mac mortgages, applicants for
mortgages reported pursuant to the Home Mortgage Disclosure Act,
applicants for mortgages that have been reviewed by Fannie Mae and
Freddie Mac's automated underwriting system, individuals involved in
activities being reviewed for fair lending purposes, appraisers
providing appraisals to Fannie Mae or Freddie Mac, and individuals
making complaints related to fair lending.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained in the system may include but are not limited
to: (1) Borrower and loan characteristics such as credit score, closing
costs, interest rates, income, race, ethnicity, age, gender, debt
ratio, and loan amount; (2) loan transactions including mortgage loan
originator identification numbers, origination lender identifiers, and
seller identifiers; (3) loan payment history; (4) property
characteristics; (5) appraiser name and license number; (6) multifamily
property transactions including information about parties involved in
the transaction such as name, property address, and transaction
underwriting characteristics; and (7) real-estate owner property
information such as appraised values, condition, repair status, and
property address.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from the Federal Home Loan
Banks, United States Department of Housing and Urban Development,
Consumer Financial Protection Bureau, FHFA systems, Fannie Mae, and
Freddie Mac.
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, these records or information contained
therein may specifically be disclosed outside of FHFA as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows, to the extent such
disclosures are compatible with the purposes for which the information
is collected:
(1) To appropriate agencies, entities, and persons when--(a) FHFA
suspects or has confirmed that there has been a breach of the system of
records; (b) FHFA has determined that as a result of a suspected or
confirmed breach there is a risk of harm to individuals, FHFA
(including its information systems, programs, and operations), the
Federal Government, or national security; and (c) the disclosure is
made to agencies, entities, and persons as reasonably necessary to
assist with FHFA's efforts to (i) respond to a suspected or confirmed
breach; or (ii) prevent, minimize, or remedy harm caused by such
breach.
(2) To a federal agency or federal entity, when FHFA determines
information from the system of records is reasonably necessary to
assist the recipient agency or entity in: (a) Responding to a suspected
or confirmed breach or; (b) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or to national security, resulting from a suspected or
confirmed breach.
(3) When there is an indication of a violation or potential
violation of law (whether civil, criminal, or regulatory in nature or
whether arising by general statute or particular program statute or by
regulation, rule, or order issued pursuant thereto), the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency (e.g., federal, state, local, tribal, foreign or
a financial regulatory organization) charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing a statute, rule, regulation or order issued pursuant
thereto.
(4) To any individual during the course of any inquiry or
investigation conducted by FHFA, or in connection with civil
litigation, if FHFA has reason to believe the individual to whom the
record is disclosed may have further information about the matters
related thereto, and those matters appeared to be relevant and
necessary at the time to the subject matter of the inquiry.
(5) To any contractor, agent, or other authorized individual
performing work on a contract, service, cooperative agreement, job, or
other activity on behalf of FHFA who has a need to access the
information in the performance of their official duties or activities.
(6) To members of advisory committees created by FHFA or by
Congress to render advice and recommendations to FHFA or to Congress,
to be used solely in
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connection with their official, designated functions.
(7) To a Congressional office in response to an inquiry from the
Congressional office made at the request of and on behalf of the
Congressional Offices' constituents included in the system.
(8) To the Office of Management and Budget, Department of Justice
(DOJ), Department of Labor, Office of Personnel Management, Equal
Employment Opportunity Commission, Office of Special Counsel, Merit
Systems Protection Board, or other federal agencies to obtain advice
regarding statutory, regulatory, policy, and other requirements related
to fair lending oversight.
(9) To appropriate third parties contracted by FHFA to facilitate
mediation or other dispute resolution procedures or programs.
(10) To outside counsel contracted by FHFA, DOJ (including United
States Attorney Offices), or other federal agencies conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is relevant and necessary to the
litigation and one of the following is a party to the litigation or has
an interest in such litigation:
a. FHFA;
b. Any employee of FHFA in his/her official capacity;
c. Any employee of FHFA in his/her individual capacity when DOJ or
FHFA has agreed to represent the employee; or
d. The United States, or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FHFA determines
that the records are both relevant and necessary to the litigation.
(11) To the National Archives and Records Administration or other
federal agencies pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
(12) To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as relevant and necessary to such audit or oversight
functions.
(13) To federal agencies for fair lending and fair housing
research, investigation, supervision, and enforcement purposes.
(14) To a regulated entity or party during fair lending supervision
or investigation when relevant and necessary to: (a) Verify
information; (b) provide information; or (c) respond to information.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic or paper format. Electronic
records are stored on FHFA's secured network, FHFA-authorized cloud
service providers and FHFA-authorized contractor networks located
within the continental United States. Paper records are stored in
locked offices, locked file rooms, and locked file cabinets or safes.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, property address, loan identifier
or professional licensing identifier.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with FHFA's
Comprehensive Record Schedule, Item 2.2 (N1-543-11-1, as approved on
01/11/2013), and reflects Transmittal No. 31 General Records Schedules
Authorities, 04/2020.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained in controlled access areas. Electronic
records are protected by restricted access procedures, including user
identifications and passwords. Only FHFA staff (and FHFA contractors
assisting such staff) whose official duties require access can view,
administer, and control these records.
RECORD ACCESS PROCEDURES:
See ``Notification Procedures'' Below.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' Below.
NOTIFICATION PROCEDURES:
Individuals seeking notification of any records about themselves
contained in this system should address their inquiry to the Privacy
Act Officer, via email to <a href="/cdn-cgi/l/email-protection#2353514a5542405a63454b45420d444c55"><span class="__cf_email__" data-cfemail="3d4d4f544b5c5e447d5b555b5c135a524b">[email protected]</span></a> or by mail to the Federal
Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219, or
in accordance with the procedures set forth in 12 CFR part 1204. Please
note that all mail sent to FHFA via the U.S. Postal Service is routed
through a national irradiation facility, a process that may delay
delivery by approximately two weeks. For any time-sensitive
correspondence, please plan accordingly.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Clinton Jones,
General Counsel, Federal Housing Finance Agency.
[FR Doc. 2022-10798 Filed 5-19-22; 8:45 am]
BILLING CODE 8070-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.