Privacy Act of 1974; System of Records, 9518-9520 [2023-03079]

Agencies

• FEDERAL HOUSING FINANCE AGENCY

[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9518-9520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03079]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2023-N-2]


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-30, ``Advisory Committee Manager 
System'' (System). This system of records allows FHFA to collect and 
maintain records submitted to or obtained by FHFA in connection with 
seeking, choosing, managing, or ending membership on FHFA advisory 
committees created pursuant to the Federal Advisory Committee Act 
(FACA).

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 February 14, 
2023, unless otherwise revised pursuant to comments received. Comments 
must be received on or before March 16, 2023. 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. 2023-N-2,'' 
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. 2023-N-2,'' in the subject line of the 
message.
     Hand Delivered/Courier: The hand delivery address is: 
Clinton Jones, General Counsel, Attention: Comments/No. 2023-N-2, 
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. 2023-N-2, 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. 2023-N-2,'' please reference 
``FHFA-30, Advisory Committee Manager 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.
    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, FHFA 
proposes two new routine uses for this system, in addition to the 
general routine uses applicable to this system and described below. 
First, FHFA may disclose information to the Library of Congress, OMB, 
Executive Office of the President, or General Services Administration, 
when necessary and relevant to FHFA's management of the advisory 
committee, including FHFA's consideration of applicants for membership 
on an advisory committee, or to comply with any obligations to report 
information about advisory committees. This use is compatible with the 
purpose of the collection, which is to administer advisory committees 
in accordance with the Federal Advisory Committee Act. Second, FHFA may 
disclose information from this system to the public to inform the 
public about the identity and qualifications of individuals selected to 
serve as members of advisory committees. As one of the purposes of the 
Federal Advisory Committee Act is

[[Page 9519]]

to ensure transparency to the public about advisory committee advice 
and activities, a routine use permitting disclosure of information 
about advisory committee members is compatible with the purpose of the 
collection.

III. New System of Records

    The information in this system of records will be used by FHFA for 
storing and reviewing application materials submitted by applicants for 
membership on FHFA advisory committees/subcommittees, choosing members 
for FHFA advisory committees based on those application materials, 
managing membership on such FHFA committees, including but not limited 
to membership termination, and conducting required oversight and 
compliance over FHFA advisory committee appointments and actions. The 
new system of records is described in detail below.

SYSTEM NAME AND NUMBER:
    Advisory Committee Manager System, FHFA-30.

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 FHFA-authorized cloud service provider (Amazon Web Service, 
which is Federal Risk and Authorization Management Program (FedRAMP) 
authorized).

SYSTEM MANAGER(S):
    Samuel Frumkin, Advisory Committee Management Officer, Division of 
Housing Mission and Goals, (202) 649-4108, Federal Housing Finance 
Agency, 400 Seventh Street SW, Washington, DC 20219.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. chapter 
10); 12 U.S.C. 4511(b)(2); 12 U.S.C. 4513(a)(2)(B); 44 U.S.C. 3101; 41 
CFR part 102-3 (Federal Advisory Committee Management); and OMB 
Circular A-135, Management of Federal Advisory Committees (Oct. 5, 
1994).

PURPOSE(S) OF THE SYSTEM:
    1. To collect and maintain information on FHFA past, present, and 
proposed advisory committee/subcommittee members subject to the FACA.
    2. To identify the most qualified applicants and ensure balanced 
advisory committees/subcommittees.
    3. To advise, inform, and provide input and recommendations to the 
FHFA Director.
    4. To conduct required oversight and compliance over FHFA advisory 
committee/subcommittee appointments and actions.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this System are:
    1. Individuals who apply to be on a committee/subcommittee and will 
be considered for committee/subcommittee appointment;
    2. Individuals currently serving on a committee/subcommittee;
    3. Individuals selected or serving as alternate members on a 
committee/subcommittee; and
    4. Individuals who previously served on a committee/subcommittee.
    Note: Individuals may be appointed to serve on an advisory 
committee pursuant to 5 U.S.C. 3109 as a special government employee.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained in this System may contain information from 
members of the general public who submit applications for membership on 
FHFA advisory committees/subcommittees, including but not limited to 
the following: names; places and dates of birth (DOBs); business and 
personal mailing addresses, email addresses, and telephone numbers; 
educational history, degrees, and certifications; affiliated companies 
or organizations; employment history and related information; any 
foreign activities or interests; and any other information collected to 
determine if an individual is qualified to serve on an advisory 
committee/subcommittee as well as to describe committee/subcommittee 
appointments, all activities, and any related expenses.

RECORD SOURCE CATEGORIES:
    Information is obtained directly from the individual applicants or 
from other individuals or entities submitting information in support 
of, for, or on behalf of an applicant via the resumes and related 
materials submitted to FHFA in seeking membership on FHFA advisory 
committees/subcommittees.

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 a Congressional office in response to an inquiry from the 
Congressional office made at the request of and on behalf of the 
Congressional Offices' constituents included in the system.

[[Page 9520]]

    (6) 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, Merit 
Systems Protection Board, or other federal agencies to obtain advice 
regarding statutory, regulatory, policy, and other requirements related 
to fair lending oversight.
    (7) To appropriate third parties contracted by FHFA to facilitate 
mediation or other dispute resolution procedures or programs.
    (8) 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 their official capacity;
    c. Any employee of FHFA in their individual capacity for whom 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.
    (9) 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.
    (10) 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.
    (11) To federal agencies for fair lending and fair housing 
research, investigation, supervision, and enforcement purposes.
    (12) To the Library of Congress, Executive Office of the President, 
Office of Management and Budget, or General Services Administration 
when necessary in the administration of FHFA's advisory committee(s), 
including complying with reporting obligations.
    (13) To the public, when FHFA deems it necessary to inform the 
public of advisory committee membership qualifications or activities.

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; or in vendor Cloud Service Offerings 
certified under FedRAMP.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records will be retrieved by an individual's name.

POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with FHFA's 
Comprehensive Records Schedule (CRS) Item 6.2.01-06, as applicable. 
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 who are permitted to perform the selection and review 
functions required for forming FHFA advisory committees or whose 
official duties otherwise require access, are allowed to view, 
administer, and control these records. Non-FHFA personnel will not have 
or be granted access to these records. Records will be stored on the 
FHFA General Support System (GSS) and protected by Microsoft Office 365 
Multi-Tenant and Supporting Services and the Microsoft Azure Cloud, 
both of which are authorized by FedRAMP at the Moderate Impact Level.

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. 2023-03079 Filed 2-13-23; 8:45 am]
BILLING CODE 8070-01-P