Notice2026-00704
Privacy Act of 1974; System of Records
Primary source
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Published
January 15, 2026
Effective
February 17, 2026
Issuing agencies
Consumer Financial Protection Bureau
Abstract
In accordance with the Privacy Act of 1974, as amended, the Consumer Financial Protection Bureau (CFPB or Bureau) proposes to modify a current Privacy Act System of Records titled, "CFPB.019-- Nationwide Mortgage Licensing System and Registry." The system of records allows mortgage loan originators (MLOs) employed by Federal agency regulated institutions to register and submit required information about themselves and their backgrounds in a national registry, and for the administration of the registry.
Full Text
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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Notices]
[Pages 1755-1758]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00704]
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CONSUMER FINANCIAL PROTECTION BUREAU
[Docket No: CFPB-2026-0003]
Privacy Act of 1974; System of Records
AGENCY: Consumer Financial Protection Bureau.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Consumer Financial Protection Bureau (CFPB or Bureau) proposes to
modify a current Privacy Act System of Records titled, ``CFPB.019--
Nationwide Mortgage Licensing System and Registry.'' The system of
records allows mortgage loan originators (MLOs) employed by Federal
agency regulated institutions to register and submit required
information about themselves and their backgrounds in a national
registry, and for the administration of the registry.
DATES: Comments must be received no later than February 17, 2026. The
modifications to this system of records will be effective February 17,
2026 unless the comments received result in a contrary determination.
ADDRESSES: You may submit comments, identified by the title and docket
number (see above Docket No. CFPB-2026-0003), by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments. A brief summary of
this document will be available at <a href="https://www.regulations.gov/docket/CFPB-2026-0003">https://www.regulations.gov/docket/CFPB-2026-0003</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#5d2d2f342b3c3e241d3e3b2d3f733a322b"><span class="__cf_email__" data-cfemail="0777756e7166647e476461776529606871">[email protected]</span></a>. Include Docket No. CFPB-2026-0003
in the subject line of the email.
<bullet> Mail/Hand Delivery/Courier: Kathryn Fong, Chief Privacy
Officer, Consumer Financial Protection Bureau,
[[Page 1756]]
1700 G Street NW, Washington, DC 20552, (202) 435-7058. Because paper
mail in the Washington, DC area and at CFPB is subject to delay,
commenters are encouraged to submit comments electronically.
All submissions must include the agency name and docket number for
this notice. In general, all comments received will be posted without
change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. All comments, including
attachments and other supporting materials, will become part of the
public record and subject to public disclosure. You should submit only
information that you wish to make available publicly. Sensitive
personal information, such as account numbers or Social Security
numbers, should not be included.
FOR FURTHER INFORMATION CONTACT: Kathryn Fong, Chief Privacy Officer,
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC
20552; (202) 435-7058. If you require this document in an alternative
electronic format, please contact <a href="/cdn-cgi/l/email-protection#75363325372a3416161006061c171c191c010c35161305175b121a03"><span class="__cf_email__" data-cfemail="84c7c2d4c6dbc5e7e7e1f7f7ede6ede8edf0fdc4e7e2f4e6aae3ebf2">[email protected]</span></a>. Please
do not submit comments to this email box.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, the CFPB is modifying a system of records titled,
``CFPB.019--Nationwide Mortgage Licensing System and Registry.'' The
modified system of records described in this notice includes the
following changes. First, the purpose of the system is updated to
clarify that information is collected and used for the administration
of the registry, which includes conducting background investigations on
the MLOs and identity verification for users who are designated to
perform administrative functions on behalf of the Federal agency
regulated institution and employees designated as primary contacts for
covered financial institutions. This identity verification process is
required by the Department of Justice, Federal Bureau of Investigation
for individuals who have access to Criminal History Record Information
(CHRI) of MLOs. Second, the updates to the category of individuals
include the addition of primary contacts from covered financial
institutions; users who are designated to perform administrative
functions on behalf of the covered financial institutions; and other
individual users from Federal agencies and regulators. Third, the
updates to the category of records include additional data elements
that are collected from MLOs as part of the registry; the information
from users designated to perform administrative functions on behalf of
institutions to conduct the identity verification; and basic name and
contact information from other users (i.e., from Federal regulators and
agencies) of the registry. Institutions employing MLOs are required to
be federally registered pursuant to sections 1504 and 1507 of the
Secure and Fair Enforcement for Mortgage Licensing Act of 2008
(S.A.F.E. Act), 12 U.S.C. 5103 and 5106. Fourth, the records retention
schedule is updated to include the records retention schedule approved
for this system of records. Fifth, a new routine use will enable
disclosure to the U.S. National Archives and Records Administration
(NARA) when engaging in records management inspections pursuant to 44
U.S.C. 2904 and 2906. Finally, the CFPB is making non-substantive
revisions to the system of records notice to align with the Office of
Management and Budget's recommended model in Circular A-108, appendix
II. The report of the revised system of records has been submitted to
the Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget,
pursuant to Circular A-108, ``Federal Agency Responsibilities for
Review, Reporting, and Publication under the Privacy Act'' (Dec. 2016)
and the Privacy Act of 1974, 5 U.S.C. 552a(r).
SYSTEM NAME AND NUMBER:
CFPB.019--Nationwide Mortgage Licensing System and Registry.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1700 G Street NW, Washington,
DC 20552. State Regulatory Registry LLC, 1129 20th Street NW,
Washington, DC 20036.
SYSTEM MANAGER(S):
Consumer Financial Protection Bureau, Principal Deputy Assistant
Director, Office of Supervision Policy & Operations, Division of
Supervision, 1700 G Street NW, Washington, DC 20552; and, State
Regulatory Registry LLC, 1129 20th Street NW, Washington, DC 20036.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Secure and Fair Enforcement for Mortgage Licensing Act of 2008
(S.A.F.E. Act), Public Law 110-289, Division A, title V, sections 1501-
1517, 122 Stat. 2654, 2810-2824 (July 30, 2008), codified at 12 U.S.C.
5101 et seq., as amended.
PURPOSE(S) OF THE SYSTEM:
The system allows for the registration of MLOs employed by Federal
agency regulated institutions in a Nationwide Mortgage Licensing System
and Registry (NMLSR), as required by the S.A.F.E. Act. The information
is maintained to support Federal regulatory oversight while providing
the public with access to certain information concerning MLOs employed
by institutions regulated by a Federal banking agency (as defined in
section 1503(2) of the S.A.F.E. Act, 12 U.S.C. 5102(2)) or the Farm
Credit Administration (FCA), including names and employment histories
of those MLOs. It also enables the administration of the registry, to
include granting registration to users who are designated to perform
administrative functions on behalf of the covered financial
institution. Certain information collected in this system is used to
conduct appropriate criminal background checks of MLOs, and
identification verification of users who are designated to perform
administrative functions on behalf of the Federal agency regulated
institution and employees designated as primary contacts for covered
financial institutions, as required by the S.A.F.E. Act, its
implementing regulation, 12 CFR part 1007, and other Federal policies
and standards. The information is used for additional administrative
purposes to ensure quality control, performance, and improving
management processes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include: MLOs that are required
to be registered under sections 1504 and 1507 of the S.A.F.E. Act, 12
U.S.C. 5103 and 5106, or the S.A.F.E. Act's implementing regulation, 12
CFR part 1007; users who are designated to perform administrative
functions on behalf of the covered financial institution under 12 CFR
1007.103(e)(1)(i)(F); employees designated as primary contacts for
Federal agency regulated institutions under 12 CFR
1007.103(e)(1)(i)(E); and Bureau employees, contractors, or others, or
authorized Federal users.
CATEGORIES OF RECORDS IN THE SYSTEM:
Category of records related to MLOs in this system include names
and former or other names used; Social Security numbers; gender; dates
and places of birth; home and business contact information (including
physical and email addresses); financial services-related employment
history for 10 years prior to the date of registration or
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renewal of a registration; CHRI, including the results of criminal
background checks; State license(s) held, status and license numbers,
along with any disciplinary actions that have resulted in license
revocations and suspensions (submitted in response to criminal, civil,
regulatory, and financial services-related disclosure questions, which
responses are then verified by State agencies); certain other criminal,
civil, regulatory, disciplinary or enforcement actions taken against
MLOs, including in connection with their employment in the financial
services industry; fingerprint data; and unique identifiers assigned to
NMLSR registrant and/or financial institution; copy or photo of
government issued identification; and photograph.
Category of records related to the users who are designated to
perform administrative functions on behalf of the covered financial
institution and employees designated as the primary contact for Federal
agency regulated institutions include name; email address; phone
number(s); home address; Social Security number; date of birth; copy or
photo of government issued identification; and photograph.
Category of records related to other individuals covered by this
system include name and contact information, to include phone number
and business email address.
RECORD SOURCE CATEGORIES:
Information maintained in this system is obtained from individuals
who are required to be registered as MLOs, individuals who are
designated to perform administrative functions on behalf of a covered
financial institution, employees designated as primary contacts for
Federal agency regulated institutions under 12 CFR
1007.103(e)(1)(i)(E); and CFPB employees, contractors, or other
authorized Federal users.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records may be disclosed, consistent with the Bureau's
Disclosure of Records and Information Rules, promulgated at 12 CFR 1070
et seq., to:
(1) Appropriate agencies, entities, and persons when (a) the Bureau
suspects or has confirmed that there has been a breach of the system of
records; (b) the Bureau has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the Bureau (including its information systems, programs, and
operations), the Federal Government, or national security; and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Bureau's efforts to respond
to the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
(2) Another Federal agency or entity, when the Bureau determines
that 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 national security, resulting from a suspected or
confirmed breach.
(3) Another Federal or State agency to (a) permit a decision as to
access to or amendment or correction of records to be made in
consultation with or by that agency, or (b) verify the identity of an
individual or the accuracy of information submitted by an individual
who has requested access to or amendment or correction of records.
(4) The Executive Office of the President in response to an inquiry
from that office made at the request of the subject of a record or a
third party on that person's behalf.
(5) Congressional offices in response to an inquiry made at the
request of the individual to whom the record pertains.
(6) Contractors, agents, or other authorized individuals performing
work on a contract, service, cooperative agreement, job, or other
activity on behalf of the Bureau or the U.S. Government and who have a
need to access the information in the performance of their mission,
including duties or activities.
(7) The Department of Justice (DOJ) for its use in providing legal
advice to the Bureau or in representing the Bureau in a proceeding
before a court, adjudicative body, or other administrative body, where
the use of such information by the DOJ is deemed by the Bureau to be
relevant and necessary to the advice or proceeding, and such proceeding
names as a party in interest:
a. The CFPB;
b. Any employee of the Bureau in their official capacity;
c. Any employee of the Bureau in their individual capacity where
DOJ has agreed to represent the employee; or
d. The United States, where the CFPB determines that litigation is
likely to affect the Bureau or any of its components.
(8) A grand jury pursuant either to a Federal or State grand jury
subpoena, or to a prosecution request that such record be released for
the purpose of its introduction to a grand jury, where the subpoena or
request has been specifically approved by a court. In those cases where
the Federal Government is not a party to the proceeding, records may be
disclosed if a subpoena has been signed by a judge.
(9) A court, magistrate, or administrative tribunal in the course
of an administrative proceeding or judicial proceeding, including
disclosures to opposing counsel or witnesses (including expert
witnesses) in the course of discovery or other pre-hearing exchanges of
information, litigation, or settlement negotiations, where relevant or
potentially relevant to a proceeding, or in connection with criminal
law proceedings.
(10) Appropriate agencies, entities, and persons, including but not
limited to potential expert witnesses or witnesses in the course of
investigations, to the extent necessary to secure information relevant
to the investigation.
(11) Appropriate Federal, State, local, foreign, Tribal, or self-
regulatory organizations or agencies responsible for investigating,
prosecuting, enforcing, implementing, issuing, or carrying out a
statute, rule, regulation, order, policy, or license if the information
may be relevant to a potential violation of civil or criminal law,
rule, regulation, order, policy, or license.
(12) To the NARA or other Federal Government agencies pursuant to
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
(13) Institutions employing MLOs that are required to be federally
registered pursuant to sections 1504 and 1507 of the S.A.F.E. Act, 12
U.S.C. 5103 and 5106, or the S.A.F.E. Act's implementing regulation, 12
CFR part 1007, for use in administering registration.
(14) The public when the information relates to the employment
history of, and publicly adjudicated disciplinary and enforcement
actions against, MLOs that is included in the NMLSR for access by the
public in accordance with section 1507 of the S.A.F.E. Act, 12 U.S.C.
5106.
(15) Any Federal banking agency, as defined in section 1503(2) of
the S.A.F.E. Act, 12 U.S.C. 5102(2), and the FCA to carry out their
oversight responsibilities for MLOs employed by entities subject to
their respective authorities.
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POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records maintained in this system are stored electronically and in
paper files.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by a variety of fields including, but not
limited to, an individual MLO or other individual's name or unique
identification number; the financial institution's name or unique
identification number; or by some combination thereof.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records collected and maintained within NMLSR will be retained
for five years after an individual's or an institution's NMLSR account
status becomes inactive in accordance with the applicable CFPB Records
Schedule DAA-0587-2021-0001.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to records is restricted to authorized personnel who have
been issued non-transferrable access codes and passwords. Individuals
who have access to CHRI undergo an identity verification process. Other
records are maintained in locked file cabinets or rooms with access
limited to those personnel whose official duties require access.
RECORD ACCESS PROCEDURES:
See ``Contesting Record Procedures.''
CONTESTING RECORD PROCEDURES:
If assistance is required to access, contest or amend such a
record, individuals may contact the NMLS Call Center at (240) 386-4444,
or may inquire in writing in accordance with instructions appearing in
title 12, chapter 10 of the CFR, ``Disclosure of Records and
Information.'' Address such requests to: Chief Privacy Officer,
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC
20552.
NOTIFICATION PROCEDURES:
See ``Contesting Record Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
77 FR 35359 (June 13, 2012); 83 FR 23435 (May 21, 2018).
Kathryn Fong,
Chief Privacy Officer, Consumer Financial Protection Bureau.
[FR Doc. 2026-00704 Filed 1-14-26; 8:45 am]
BILLING CODE 4810-AM-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.