Notice2022-22426
Privacy Act of 1974; System of Records
Primary source
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Published
October 17, 2022
Effective
October 17, 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) is establishing FHFA-29, "OGC Matter Tracking and Reporting System" (System) in order to collect information FHFA's Office of General Counsel (OGC) will use to track assignments, projects, and other deliverables.
Full Text
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<title>Federal Register, Volume 87 Issue 199 (Monday, October 17, 2022)</title>
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[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62849-62851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22426]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2022-N-12]
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) is establishing FHFA-29, ``OGC Matter Tracking and
Reporting System'' (System) in order to collect information FHFA's
Office of General Counsel (OGC) will use to track assignments,
projects, and other deliverables.
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 October 17, 2022,
unless otherwise revised pursuant to comments received. Comments must
be received on or before November 16, 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 ``No. 2022-N-12,''
using any one of the following methods:
<bullet> Agency Website: <a href="http://www.fhfa.gov/open-for-comment-or-input">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
comments to the Federal eRulemaking Portal, please also send it by
email to FHFA at <a href="/cdn-cgi/l/email-protection#9ccef9fbdff3f1f1f9f2e8efdcfaf4fafdb2fbf3ea"><span class="__cf_email__" data-cfemail="7a281f1d391517171f140e093a1c121c1b541d150c">[email protected]</span></a> to ensure timely receipt by FHFA.
Please include ``Comments/No. 2022-N-12,'' 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-12,
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-12, 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: Stacy Easter, Privacy Act Officer,
<a href="/cdn-cgi/l/email-protection#ec9c9e859a8d8f95ac8a848a8dc28b839a"><span class="__cf_email__" data-cfemail="4a3a38233c2b29330a2c222c2b642d253c">[email protected]</span></a> or (202) 649-3803; or Tasha Cooper, Senior Agency
Official for Privacy, <a href="/cdn-cgi/l/email-protection#7a0a08130c1b19033a1c121c1b541d150c"><span class="__cf_email__" data-cfemail="2252504b5443415b62444a44430c454d54">[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-12,'' please reference
``FHFA-29, OGC Matter Tracking and Reporting 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="https://www.fhfa.gov">https://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
requirement that an agency publishes 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 could be used to exempt records from provisions of the
Privacy Act. Congress also required that exempting records from
provisions of the Privacy Act would require the head of an agency to
publish a determination to exempt a record from the Privacy Act as a
rule 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 7 of Office of Management and Budget (OMB) Circular No. A-108,
``Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act'', 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.
III. New System of Records
The information in this system of records will be used by FHFA to
track matters, including but not limited to assignments, projects, and
other deliverables, for FHFA's OGC. The new system of records is
described in detail below.
SYSTEM NAME AND NUMBER:
OGC Matter Tracking and Reporting System, FHFA-29.
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, FHFA-authorized cloud
service provider (Amazon Web Service, which is FedRAMP authorized).
SYSTEM MANAGER(S):
General Counsel, Office of General Counsel, (202) 649-3065, Federal
Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 CFR 1200.1-1200.2; 5 U.S.C. 301; 44 U.S.C. 3101; and 12 U.S.C.
4511-4526.
PURPOSE(S) OF THE SYSTEM:
The information in this system of records will be used by FHFA to
create
[[Page 62850]]
and maintain a database of services and legal advice in support of the
Director and FHFA staff on legal matters related to the functions,
activities, and operations of FHFA and the regulated entities. In
addition, the system of records will be used to track the status,
progress, and disposition of matters assigned to the legal staff,
generate reports about any past or planned activities for each matter,
and capture summary information (such as timelines, due dates, and work
assignments). The System will also maintain historical reference
information pertaining to such matters.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this System are: OGC current and former
employees and contractor personnel assigned to each respective matter;
and individuals or companies and associated entities that are relevant
to an OGC matter, (including but not limited to banks or other lending
institutions), parties or witnesses in civil proceedings or
administrative actions, current or former directors, officers,
employees, and agents of the entities that FHFA regulates, interagency
partners, and current, former, or potential loan recipients.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained in this System may contain information such as
the names, business email addresses, and business telephone numbers for
current or former FHFA employees and contractor personnel, and
descriptions of the matters as provided by the OGC employees and
contract personnel assigned to each respective matter. The descriptions
of OGC matters may include the names of individuals or companies and
associated entities that are relevant to an OGC matter, such as,
without limitation, banks or other lending institutions, parties,
witnesses, current or former directors, officers, employees, and agents
of the entities that FHFA regulates, interagency partners, and current,
former, or potential loan recipients, and may derive from pleadings and
discovery materials generated in connection with civil proceedings or
administrative actions, as well as correspondence or memoranda related
to work assignments.
RECORD SOURCE CATEGORIES:
The names, business email addresses, and business telephone numbers
for FHFA employees and contractor personnel are obtained directly from
the FHFA Active Directory. The descriptions of the matters are provided
by the OGC employees and contractor personnel assigned to each
respective matter and may derive from pleadings or discovery materials
in connection with civil proceedings or administrative actions, as well
as correspondence or memoranda related to work assignments.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records and 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
was 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 made
to such 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 this 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, and
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 appropriate third parties contracted by FHFA to facilitate
mediation or other dispute resolution procedures or programs.
(7) To outside counsel contracted by FHFA, the U.S. Department of
Justice (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 where 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.
(8) 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.
(9) 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic 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.
[[Page 62851]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records will be retrieved primarily by an individual's name or
business email address but may also be obtained by a search using any
search term or filter.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with FHFA's
Comprehensive Record Schedule, Item 6.2 (N1-543-11-1, approved on 01/
11/2013).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic records are protected by controlled access procedures.
Only FHFA staff (and FHFA contractors assisting such staff), whose
official duties require access, are allowed to view, administer, and
control these records. The System Owner controls access to this System
and limits access in accordance with the above.
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#cabab8a3bcaba9b38aaca2acabe4ada5bc"><span class="__cf_email__" data-cfemail="a4d4d6cdd2c5c7dde4c2ccc2c58ac3cbd2">[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. 2022-22426 Filed 10-14-22; 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.