Notice2023-03079
Privacy Act of 1974; System of Records
Primary source
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Published
February 14, 2023
Effective
February 14, 2023
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-30, "Advisory Committee Manager System" (System). This system of records allows FHFA to collect and maintain records submitted to or obtained by FHFA in connection with seeking, choosing, managing, or ending membership on FHFA advisory committees created pursuant to the Federal Advisory Committee Act (FACA).
Full Text
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<title>Federal Register, Volume 88 Issue 30 (Tuesday, February 14, 2023)</title>
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[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9518-9520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03079]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2023-N-2]
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-30, ``Advisory Committee Manager
System'' (System). This system of records allows FHFA to collect and
maintain records submitted to or obtained by FHFA in connection with
seeking, choosing, managing, or ending membership on FHFA advisory
committees created pursuant to the Federal Advisory Committee Act
(FACA).
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 February 14,
2023, unless otherwise revised pursuant to comments received. Comments
must be received on or before March 16, 2023. 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. 2023-N-2,''
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#1e4c7b795d7173737b706a6d5e7876787f30797168"><span class="__cf_email__" data-cfemail="15477072567a7878707b616655737d73743b727a63">[email protected]</span></a> to ensure timely receipt by FHFA.
Please include ``Comments/No. 2023-N-2,'' in the subject line of the
message.
<bullet> Hand Delivered/Courier: The hand delivery address is:
Clinton Jones, General Counsel, Attention: Comments/No. 2023-N-2,
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. 2023-N-2, 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#9bcbe9f2edfaf8e2dbddd3dddab5fcf4ed"><span class="__cf_email__" data-cfemail="d989abb0afb8baa0999f919f98f7beb6af">[email protected]</span></a> or (202) 649-3803; or Tasha Cooper, Senior Agency
Official for Privacy, <a href="/cdn-cgi/l/email-protection#bbebc9d2cddad8c2fbfdf3fdfa95dcd4cd"><span class="__cf_email__" data-cfemail="85d5f7ecf3e4e6fcc5c3cdc3c4abe2eaf3">[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. 2023-N-2,'' please reference
``FHFA-30, Advisory Committee Manager 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.
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, FHFA
proposes two new routine uses for this system, in addition to the
general routine uses applicable to this system and described below.
First, FHFA may disclose information to the Library of Congress, OMB,
Executive Office of the President, or General Services Administration,
when necessary and relevant to FHFA's management of the advisory
committee, including FHFA's consideration of applicants for membership
on an advisory committee, or to comply with any obligations to report
information about advisory committees. This use is compatible with the
purpose of the collection, which is to administer advisory committees
in accordance with the Federal Advisory Committee Act. Second, FHFA may
disclose information from this system to the public to inform the
public about the identity and qualifications of individuals selected to
serve as members of advisory committees. As one of the purposes of the
Federal Advisory Committee Act is
[[Page 9519]]
to ensure transparency to the public about advisory committee advice
and activities, a routine use permitting disclosure of information
about advisory committee members is compatible with the purpose of the
collection.
III. New System of Records
The information in this system of records will be used by FHFA for
storing and reviewing application materials submitted by applicants for
membership on FHFA advisory committees/subcommittees, choosing members
for FHFA advisory committees based on those application materials,
managing membership on such FHFA committees, including but not limited
to membership termination, and conducting required oversight and
compliance over FHFA advisory committee appointments and actions. The
new system of records is described in detail below.
SYSTEM NAME AND NUMBER:
Advisory Committee Manager System, FHFA-30.
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 FHFA-authorized cloud service provider (Amazon Web Service,
which is Federal Risk and Authorization Management Program (FedRAMP)
authorized).
SYSTEM MANAGER(S):
Samuel Frumkin, Advisory Committee Management Officer, Division of
Housing Mission and Goals, (202) 649-4108, Federal Housing Finance
Agency, 400 Seventh Street SW, Washington, DC 20219.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. chapter
10); 12 U.S.C. 4511(b)(2); 12 U.S.C. 4513(a)(2)(B); 44 U.S.C. 3101; 41
CFR part 102-3 (Federal Advisory Committee Management); and OMB
Circular A-135, Management of Federal Advisory Committees (Oct. 5,
1994).
PURPOSE(S) OF THE SYSTEM:
1. To collect and maintain information on FHFA past, present, and
proposed advisory committee/subcommittee members subject to the FACA.
2. To identify the most qualified applicants and ensure balanced
advisory committees/subcommittees.
3. To advise, inform, and provide input and recommendations to the
FHFA Director.
4. To conduct required oversight and compliance over FHFA advisory
committee/subcommittee appointments and actions.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this System are:
1. Individuals who apply to be on a committee/subcommittee and will
be considered for committee/subcommittee appointment;
2. Individuals currently serving on a committee/subcommittee;
3. Individuals selected or serving as alternate members on a
committee/subcommittee; and
4. Individuals who previously served on a committee/subcommittee.
Note: Individuals may be appointed to serve on an advisory
committee pursuant to 5 U.S.C. 3109 as a special government employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained in this System may contain information from
members of the general public who submit applications for membership on
FHFA advisory committees/subcommittees, including but not limited to
the following: names; places and dates of birth (DOBs); business and
personal mailing addresses, email addresses, and telephone numbers;
educational history, degrees, and certifications; affiliated companies
or organizations; employment history and related information; any
foreign activities or interests; and any other information collected to
determine if an individual is qualified to serve on an advisory
committee/subcommittee as well as to describe committee/subcommittee
appointments, all activities, and any related expenses.
RECORD SOURCE CATEGORIES:
Information is obtained directly from the individual applicants or
from other individuals or entities submitting information in support
of, for, or on behalf of an applicant via the resumes and related
materials submitted to FHFA in seeking membership on FHFA advisory
committees/subcommittees.
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 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.
[[Page 9520]]
(6) 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.
(7) To appropriate third parties contracted by FHFA to facilitate
mediation or other dispute resolution procedures or programs.
(8) 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 their official capacity;
c. Any employee of FHFA in their individual capacity for whom 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.
(9) 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.
(10) 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.
(11) To federal agencies for fair lending and fair housing
research, investigation, supervision, and enforcement purposes.
(12) To the Library of Congress, Executive Office of the President,
Office of Management and Budget, or General Services Administration
when necessary in the administration of FHFA's advisory committee(s),
including complying with reporting obligations.
(13) To the public, when FHFA deems it necessary to inform the
public of advisory committee membership qualifications or activities.
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; or in vendor Cloud Service Offerings
certified under FedRAMP.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records will be retrieved by an individual's name.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with FHFA's
Comprehensive Records Schedule (CRS) Item 6.2.01-06, as applicable.
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 who are permitted to perform the selection and review
functions required for forming FHFA advisory committees or whose
official duties otherwise require access, are allowed to view,
administer, and control these records. Non-FHFA personnel will not have
or be granted access to these records. Records will be stored on the
FHFA General Support System (GSS) and protected by Microsoft Office 365
Multi-Tenant and Supporting Services and the Microsoft Azure Cloud,
both of which are authorized by FedRAMP at the Moderate Impact Level.
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" class="__cf_email__" data-cfemail="8fdffde6f9eeecf6cfe9e7e9eea1e8e0f9">[email protected]</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. 2023-03079 Filed 2-13-23; 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.