[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Pages 95595-95596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31381]



[No. 2016-N-13]

Privacy Act of 1974; System of Records

AGENCY: Federal Housing Finance Agency.

ACTION: Notice of revision to an existing system of records; request 
for comments.


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) is making a revision to an existing system of 
records entitled ``National Mortgage Database Project'' (FHFA-21). The 
system of records covers the National Mortgage Database Project which 
is comprised of the National Mortgage Database, the National Survey of 
Mortgage Originations (formerly known as the National Survey of 
Mortgage Borrowers), and the American Survey of Mortgage Borrowers. The 
National Mortgage Database Project is for monitoring, researching, 
analyzing, and reporting information relevant to the functioning of the 
mortgage markets.

DATES: To be assured of consideration, comments must be received on or 
before January 26, 2017. The revisions to the existing system will 
become effective on February 6, 2017 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.

ADDRESSES: Submit comments, identified by ``2016-N-13,'' using only one 
of the following methods:
     Agency Web site: www.fhfa.gov/open-for-comment-or-input.
     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 ``2016-N-13'' in the subject line of the message.
     Hand Delivered/Courier: The hand delivery address is: 
Alfred M. Pollard,

[[Page 95596]]

General Counsel, Attention: Comments/2016-N-13, Federal Housing Finance 
Agency, 400 Seventh Street SW., Eighth Floor, Washington, DC 20219. 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.
     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/2016-N-13, Federal 
Housing Finance Agency, 400 Seventh Street SW., Eighth Floor, 
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: Forrest Pafenberg, Program Manager, 
National Mortgage Database Project, [email protected] or (202) 
649-3129; 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, 400 Seventh Street SW., Washington, DC 20219. 
The telephone number for the Telecommunications Device for the Deaf is 


I. Comments

    FHFA seeks public comments on the revision to the 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/2016-N-13,'' please 
reference the ``National Mortgage Database Project'' (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 20219. To make an appointment to 
inspect comments, please call the Office of General Counsel at (202) 

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 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. The 
Director of FHFA has determined that records and information in this 
system of records are not exempt from the requirements of the Privacy 
    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 
November 28, 2000, FHFA has submitted a report describing the 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. Revised System of Records

    The ``National Mortgage Database Project'' (FHFA-21) system of 
records is being revised to add data fields related to language, 
specifically information related to Limited English Proficiency or a 
Preferred Language. The information is being collected to identify 
obstacles for borrowers with Limited English Proficiency (LEP) or a 
Preferred Language (PL) in accessing mortgage credit, analyze potential 
solutions, and develop measures to improve access to credit. This 
information will assist FHFA in ensuring that its regulated entities 
appropriately support meaningful access to the mortgage market for 
mortgage ready LEP/PL borrowers, as well as support the overall goal of 
assuring that borrowers are able to understand and participate fully in 
the mortgage life cycle, including origination, servicing, and loss 
mitigation, regardless of the language spoken.
    Information about LEP or PL will be collected as part of the 
National Survey of Mortgage Originations and the American Survey of 
Mortgage Borrowers. Responses to the survey will be maintained in 
anonymized form as part of the National Mortgage Database Project. A 
separate opt-out list from the Surveys will be maintained which will 
contain name, address, and Zip Code of those individuals who have opted 
out of receiving communications about the Surveys. FHFA employees will 
not have access to this list. This list is maintained in order to 
ensure that these individuals do not receive any future communications 
about the Surveys after opting out.
    The revision to the system of records notice is described in detail 
below. All other aspects of the system of records notice, other than 
the changes described below, remain unchanged.

    National Mortgage Database Project.

    Records include information related to an individual's language 
preference, including, but not limited to, information about the 
borrower's or co-borrower's Limited English Proficiency and/or 
Preferred Language.

    Dated: December 21, 2016.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2016-31381 Filed 12-27-16; 8:45 am]