[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73464-73466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29689]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2012-N-18]
Privacy Act of 1974; System of Records
AGENCY: Federal Housing Finance Agency.
ACTION: Notice of proposed establishment of new system of records;
Request for comments.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, 5 U.S.C. 552a (Privacy Act), the Federal Housing
Finance Agency (FHFA) gives notice of and requests comments on the
establishment of one new system of records. The proposed new system of
records is ``National Mortgage Database'' (FHFA-21).
DATES: The effective date of the notice is January 22, 2013 unless
comments necessitate otherwise. FHFA will publish a new notice if, in
order to review comments, the effective date is delayed or if changes
are made based on comments received. To be assured of consideration,
comments must be received on or before January 9, 2013.
ADDRESSES: Submit comments, identified by ``2012-N-18,'' using only one
of the following methods:
Email: Comments to Alfred M. Pollard, General Counsel, may
be sent by email to [email protected]. Please include ``2012-N-18''
in the subject line of the message.
Federal eRulemaking Portal: http://www.regulations.gov.
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 [email protected] to ensure timely receipt by FHFA.
Please include ``2012-N-18'' in the subject line of the message.
U.S. Mail, United Parcel Service, Federal Express, or
Other Mail Service: The mailing address for comments is: Alfred M.
Pollard, General Counsel, Attention: Comments/2012-N-18, Federal
Housing Finance Agency, 400 Seventh Street SW., Washington, DC 20024.
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.
Hand Delivered/Courier: The hand delivery address is:
Alfred M. Pollard, General Counsel, Attention: Comments/2012-N-18,
Federal Housing Finance Agency, 400 Seventh Street SW., Washington, DC
20024. To ensure timely receipt of hand delivered package, please
ensure that the package is delivered to the Seventh Street entrance
Guard Desk, First Floor, on business days between 9 a.m. to 5 p.m.
See SUPPLEMENTARY INFORMATION for additional information on
submission and posting of comments.
FOR FURTHER INFORMATION CONTACT: Stacy Easter, Privacy Act Officer,
[email protected] or 202-649-3803, or David A. Lee, Senior Agency
Official for Privacy, [email protected] or 202-649-3803 (not toll-free
numbers), Federal Housing Finance Agency, Eighth Floor, 400 Seventh
Street SW., Washington, DC 20024. The telephone number for the
Telecommunications Device for the Deaf is 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Comments
FHFA seeks public comments on the proposed 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/2012-N-18,'' please
reference ``National Mortgage Database'' (FHFA-21).
All comments received will be posted without change on the FHFA Web
site at http://www.fhfa.gov, and will include any personal information
provided, such as name, address (mailing and email), and telephone
numbers. In addition, copies of all comments received will be available
without change for public inspection on business days between the hours
of 10 a.m. and 3 p.m., at the Federal Housing Finance Agency, 400
Seventh Street SW., Washington, DC 20024. To make an appointment to
inspect comments, please call the Office of General Counsel at 202-649-
3804.
II. Introduction
This notice satisfies the Privacy Act requirement that an agency
publish a system of records notice in the Federal Register when there
is an addition or change to the agency's systems 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. The
Acting Director of FHFA has determined that 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
paragraph 4c of Appendix I to OMB Circular No. A-130, ``Federal Agency
Responsibilities for Maintaining Records About Individuals,'' dated
February 8, 1996 (61 FR 6427, 6435 February 20, 1996), FHFA has
submitted a report describing the one system of records covered by this
notice 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.
III. Proposed System of Records
The new proposed system, ``National Mortgage Database'' (FHFA-21),
will contain records related to loan-level information on first lien
single-family mortgages.
The proposed system of records notice is set out in its entirety
and described in detail below.
FHFA-21
SYSTEM NAME:
National Mortgage Database.
[[Page 73465]]
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATION:
Federal Housing Finance Agency, 400 Seventh Street SW., Washington,
DC 20024, and any alternate work site utilized by employees of the
Federal Housing Finance Agency (FHFA) or by individuals assisting such
employees.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have records in one or more credit bureaus,
consumer reporting agencies, other Federal government systems of
records, commercial data aggregators, or other commercial entities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include loan-level information on first lien single-family
mortgages, including but not limited to the following data fields:
Mortgage Data:
1. Sales price of home (or appraised value if a refinance)
2. Amount of down payment (zero if a refinance)
3. Mortgage insurance (e.g., yes/no)
4. Date of origination
5. Amount
6. Interest rate
7. Term to maturity
8. Type (e.g., FRM, ARM, etc.)
9. Product (e.g., conventional, FHA, VA, USDA RD, etc.)
10. Was a second mortgage obtained at origination of the first
mortgage?
11. Purpose of loan
Property Characteristics:
1. How occupied (e.g., rental, primary residence, etc.)
2. Type of home (e.g., single-family detached, townhouse, condo,
manufactured home, etc.)
3. Number of units financed by the mortgage
4. New or existing property
Household Characteristics:
1. Adult composition of household (e.g., single male, married
couple, etc.)
2. Age of borrower(s)
3. Total household income
4. Number of adult wage earners in household
5. Gender of borrower(s)
6. Metric of credit worthiness of borrower(s)
7. Debt-to-income ratio of borrower(s)
8. Education of borrower(s)
9. Ethnicity of borrower(s)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 U.S.C. 4544.
PURPOSE(S):
The records in this system of records are maintained in order to
facilitate mandatory reporting as well as to conduct research,
performance modeling, and examination monitoring.
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 FHFA as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
(1) When (a) it is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; (b) FHFA has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by FHFA or another agency or entity) that rely upon the
compromised information; and (c) the disclosure is made to such
agencies, entities, and persons who are reasonably necessary to assist
in connection with FHFA's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
(2) Where 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, whether federal, state, local, tribal, foreign or a
financial regulatory organization, including the Financial Crimes
Enforcement Network and other law enforcement and government entities,
as determined by FHFA to be appropriate and that are charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing a statute, or rule, regulation
or order issued pursuant thereto.
(3) 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 that the individual to whom
the record is disclosed may have further information about the matters
related therein, and those matters appeared to be relevant at the time
to the subject matter of the inquiry.
(4) To any individual with whom FHFA contracts to reproduce, by
typing, photocopy or other means, any record within this system for use
by FHFA and its employees in connection with their official duties or
to any individual who is utilized by FHFA to perform clerical or
stenographic functions relating to the official business of FHFA.
(5) To members of advisory committees that are created by FHFA or
by Congress to render advice and recommendations to FHFA or to
Congress, to be used solely in connection with their official,
designated functions and is related to the purpose for which FHFA
collected the records.
(6) To a Congressional office from the record of an individual in
response to an inquiry from the Congressional office made at the
request of that individual.
(7) To contractor personnel, grantees, volunteers, interns, and
others performing or working on a contract, service, grant, cooperative
agreement, or project for FHFA.
(8) To a court, magistrate, or administrative tribunal in the
course of presenting evidence, including disclosures to opposing
counsel or witnesses in the course of civil discovery, litigation, or
settlement negotiations, or in connection with criminal law
proceedings, or in response to a subpoena from a court of competent
jurisdiction.
(9) 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,
Department of Homeland Security, or other Federal agencies to obtain
advice regarding statutory, regulatory, policy, and other requirements
related to the purpose for which FHFA collected the records.
(10) To DOJ (including United States Attorney Offices) or other
Federal agencies conducting litigation or in proceedings before any
court, or adjudicative or administrative body, when it is necessary to
the litigation and one of the following is a party to the litigation or
has an interest in such litigation:
1. FHFA
2. Any employee of FHFA in his/her official capacity;
3. Any employee of FHFA in his/her individual capacity where DOJ or
FHFA has agreed to represent the employee; or
4. 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 and
the use of such records is compatible with the purpose for which FHFA
collected the records.
[[Page 73466]]
(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 a Federal agency, organization, or individual for the
purpose of performing audit or oversight operations as authorized by
law, but only such information as is necessary and relevant to such
audit or oversight function.
(13) To Fannie Mae, Freddie Mac, or a Federal Home Loan Bank as it
relates to the purpose for which FHFA collected the records.
(14) To the Consumer Finance Protection Bureau in order to
facilitate reporting under the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Pub. L. 111-203), as well as to conduct
research, performance modeling, and examination monitoring.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICE FOR STORING, RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in electronic format, paper form, and
magnetic disk or tape. Electronic records are stored in computerized
databases. Paper and magnetic disc, or tape records are stored in
locked file rooms, locked file cabinets, or locked safes.
RETRIEVABILITY:
Records may be retrieved by unique loan identifier, or other
identifier.
SAFEGUARDS:
Records are safeguarded in a secured environment. Buildings where
records are stored have security cameras and 24-hour security guard
service. Computerized records are safeguarded through use of access
codes and other information technology security measures. Paper records
are safeguarded by locked file rooms, locked file cabinets, or locked
safes. Access to the records is restricted to those who require the
records in the performance of official duties related to the purposes
for which the system is maintained.
RETENTION AND DISPOSAL:
Records are maintained in accordance with National Archives and
Records Administration and FHFA retention schedules. Records are
disposed of according to accepted techniques.
SYSTEM MANAGER(S) AND ADDRESS:
Project Manager, National Mortgage Database, Federal Housing
Finance Agency, 400 Seventh Street SW., Washington, DC 20024.
NOTIFICATION PROCEDURES:
Direct inquiries as to whether this system contains a record
pertaining to an individual to the Privacy Act Officer. Inquiries may
either be mailed to the Privacy Act Officer, Federal Housing Finance
Agency, 400 Seventh Street SW., Washington, DC 20024, or submitted
electronically at http://www.fhfa.gov/Default.aspx?Page=236 in
accordance with the procedures set forth in 12 CFR part 1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to the Privacy Act Officer. Requests may
either be mailed to the Privacy Act Officer, Federal Housing Finance
Agency, 400 Seventh Street SW., Washington, DC 20024, or submitted
electronically at http://www.fhfa.gov/Default.aspx?Page=236 in
accordance with the procedures set forth in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse decision for a
record to the Privacy Act Appeals Officer. Appeals may either be mailed
to the Privacy Act Appeals Officer, Federal Housing Finance Agency, 400
Seventh Street SW., Washington, DC 20024, or submitted electronically
at http://www.fhfa.gov/Default.aspx?Page=236 in accordance with the
procedures set forth in 12 CFR part 1204.
RECORD SOURCE CATEGORIES:
The information is obtained from credit repository files, other
FHFA systems of records, other Federal government systems of records,
commercial data aggregators, or other commercial entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 3, 2012.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2012-29689 Filed 12-7-12; 8:45 am]
BILLING CODE 8070-01-P