[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62849-62851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
     Agency Website: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: https://www.regulations.gov. 
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 [email protected] to ensure timely receipt by FHFA. 
Please include ``Comments/No. 2022-N-12,'' in the subject line of the 
message.
     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.
     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, 
[email protected] or (202) 649-3803; or Tasha Cooper, Senior Agency 
Official for Privacy, [email protected] 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 https://www.fhfa.gov. 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 [email protected] 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