Privacy Act of 1974; System of Records, 73464-73466 [2012-29689]

Agencies

• FEDERAL HOUSING FINANCE AGENCY

[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73464-73466]
From the Federal Register Online via the Government Printing 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 RegComments@fhfa.gov. Please include ``2012-N-18'' 
in the subject line of the message.
     Federal eRulemaking Portal: https://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 RegComments@fhfa.gov 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, 
privacy@fhfa.gov or 202-649-3803, or David A. Lee, Senior Agency 
Official for Privacy, privacy@fhfa.gov 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 https://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 https://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 https://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 https://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