Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30947 

affect the FDIC’s authority to take any 

supervisory or enforcement action 

against that institution. 

M. Effect on Applications or Requests 

for Approval 

Any application or request for 

approval made to the FDIC by an 

institution that has appealed a material 

supervisory determination that relates 

to, or could affect the approval of, the 

application or request will not be 

considered until a final decision 

concerning the appeal is made unless 

otherwise requested by the institution. 

N. Prohibition on Examiner Retaliation 

The FDIC has an experienced 

examination workforce and is proud of 

its professionalism and dedication. 

FDIC policy prohibits any retaliation, 

abuse, or retribution by an agency 

examiner or any FDIC personnel against 

an institution. Such behavior against an 

institution that appeals a material 

supervisory determination constitutes 

unprofessional conduct and will subject 

the examiner or other personnel to 

appropriate disciplinary or remedial 

action. Institutions that believe they 

have been retaliated against are 

encouraged to contact the Regional 

Director for the appropriate FDIC region. 

Any institution that believes or has any 

evidence that it has been subject to 

retaliation may file a complaint with the 

Director, Office of the Ombudsman, 

Federal Deposit Insurance Corporation, 

3501 Fairfax Drive Suite E–2022, 

Arlington, Virginia, 22226, explaining 

the circumstances and the basis for such 

belief or evidence and requesting that 

the complaint be investigated and 

appropriate disciplinary or remedial 

action taken. The Office of the 

Ombudsman will work with the 

appropriate Division Director to resolve 

the allegation of retaliation. 

Federal Deposit Insurance Corporation. 

By order of the Board of Directors. 

Dated at Washington, DC, on May 17, 2022. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2022–10904 Filed 5–19–22; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

[No. 2022–N–6] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, (Privacy Act), the Federal 

Housing Finance Agency (FHFA or 

Agency) gives notice of a new proposed 

Privacy Act system of records entitled 

‘‘Fair Lending Oversight Data System’’ 

(FHFA–27). The new system will be 

used to store, maintain, and analyze 

information for fair lending oversight. 

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 May 20, 2022, unless 

otherwise revised pursuant to comments 

received. New routine uses will go into 

effect on June 21, 2022. Comments must 

be received on or before June 21, 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 ‘‘2022–N–6,’’ using any 

one of the following methods: 

• Agency Website: https://

www.fhfa.gov/open-for-comment-orinput. 

• 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 

‘‘Comments/No. 2022–N–6’’ in the 

subject line of the message. 

• Hand Delivered/Courier: The hand 

delivery address is: Clinton Jones, 

General Counsel, Attention: Comments/ 

No. 2022–N–6, 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–6, 

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: 

James Wylie, Associate Director, 

James.Wylie@fhfa.gov or (202) 649– 

3209; Stacy Easter, Privacy Act Officer, 

privacy@fhfa.gov or (202) 649–3803; or 

Tasha Cooper, Senior Agency Official 

for Privacy, privacy@fhfa.gov 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–6,’’ 

please reference ‘‘FHFA–27, Fair 

Lending Oversight Data 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 

http://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’s 

requirement that an agency publish 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 can be used to exempt 

records from provisions of the Privacy 

Act. Congress also mandates that 

exempting records from provisions of 

the Privacy Act requires the head of an 

agency to publish a determination to 

exempt a record from the Privacy Act 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 


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30948 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 

7 of OMB Circular No. A–108, Federal 

Agency Responsibilities for Review, 

Reporting, and Publication under the 

Privacy Act, (81 FR 94424 (Dec. 23, 

2016)), 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. 

The proposed new system of records 

described above is set forth in its 

entirety below. 

SYSTEM NAME AND NUMBER: 

Fair Lending Oversight Data System, 

FHFA–27. 

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. 

SYSTEM MANAGER(S): 

Office of Fair Lending Oversight, 

Associate Director, (202) 649–3209, 

Federal Housing Finance Agency, 400 

Seventh Street SW, Washington, DC 

20219, and any alternate work site 

utilized by employees of FHFA or by 

individuals assisting such employees. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The system is established and 

maintained pursuant to 12 U.S.C. 4511, 

4514, 4517, 4544, 4561, and section 

4562 of the Federal Housing Enterprises 

Financial Safety and Soundness Act 

(Safety and Soundness Act) as amended 

by section 1125 of the Housing and 

Economic Recovery Act of 2008 (12 

U.S.C. 4544(c)); 42 U.S.C. 3608(d) of the 

Fair Housing Act; Executive Order No. 

12892; FHFA Order Nos. 2021–OR– 

FHLMC–2 and 2021–OR–FNMA–2; and 

the Final Redesigned Uniform 

Residential Loan Application Status 

Under Regulation B, 12 CFR 1002.5(b) 

through (d). 

PURPOSE(S) OF THE SYSTEM: 

The Fair Lending Oversight Data 

System is a collection of information 

about borrowers, property, and loan 

applications. The system is being 

established by FHFA to store, maintain, 

and analyze information for fair lending 

oversight of the Federal National 

Mortgage Association (Fannie Mae) and 

the Federal Home Loan Mortgage 

Corporation (Freddie Mac). The system 

will be used to analyze compliance with 

the Fair Housing Act, the Equal Credit 

Opportunity Act, and the Safety and 

Soundness Act. 

The system will also be used to share 

information with federal agencies for 

fair lending and fair housing research, 

investigation, supervision, and 

enforcement. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Borrowers of Fannie Mae or Freddie 

Mac mortgages, applicants for mortgages 

reported pursuant to the Home Mortgage 

Disclosure Act, applicants for mortgages 

that have been reviewed by Fannie Mae 

and Freddie Mac’s automated 

underwriting system, individuals 

involved in activities being reviewed for 

fair lending purposes, appraisers 

providing appraisals to Fannie Mae or 

Freddie Mac, and individuals making 

complaints related to fair lending. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records maintained in the system 

may include but are not limited to: (1) 

Borrower and loan characteristics such 

as credit score, closing costs, interest 

rates, income, race, ethnicity, age, 

gender, debt ratio, and loan amount; (2) 

loan transactions including mortgage 

loan originator identification numbers, 

origination lender identifiers, and seller 

identifiers; (3) loan payment history; (4) 

property characteristics; (5) appraiser 

name and license number; (6) 

multifamily property transactions 

including information about parties 

involved in the transaction such as 

name, property address, and transaction 

underwriting characteristics; and (7) 

real-estate owner property information 

such as appraised values, condition, 

repair status, and property address. 

RECORD SOURCE CATEGORIES: 

Records in the system are obtained 

from the Federal Home Loan Banks, 

United States Department of Housing 

and Urban Development, Consumer 

Financial Protection Bureau, FHFA 

systems, Fannie Mae, and Freddie Mac. 

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 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 is 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 is made to 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 the 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 or 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 members of advisory 

committees created by FHFA or by 

Congress to render advice and 

recommendations to FHFA or to 

Congress, to be used solely in 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30949 

connection with their official, 

designated functions. 

(7) 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. 

(8) 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. 

(9) To appropriate third parties 

contracted by FHFA to facilitate 

mediation or other dispute resolution 

procedures or programs. 

(10) To outside counsel contracted by 

FHFA, 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 when 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. 

(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 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. 

(13) To federal agencies for fair 

lending and fair housing research, 

investigation, supervision, and 

enforcement purposes. 

(14) To a regulated entity or party 

during fair lending supervision or 

investigation when relevant and 

necessary to: (a) Verify information; (b) 

provide information; or (c) respond to 

information. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Records are maintained in electronic 

or paper 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. Paper records 

are stored in locked offices, locked file 

rooms, and locked file cabinets or safes. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records may be retrieved by name, 

property address, loan identifier or 

professional licensing identifier. 

POLICIES AND PRACTICIES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records are retained and disposed of 

in accordance with FHFA’s 

Comprehensive Record Schedule, Item 

2.2 (N1–543–11–1, as approved on 01/ 

11/2013), and reflects Transmittal No. 

31 General Records Schedules 

Authorities, 04/2020. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Records are maintained in controlled 

access areas. Electronic records are 

protected by restricted access 

procedures, including user 

identifications and passwords. Only 

FHFA staff (and FHFA contractors 

assisting such staff) whose official 

duties require access can view, 

administer, and control these records. 

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 privacy@fhfa.gov 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. 2022–10798 Filed 5–19–22; 8:45 am] 

BILLING CODE 8070–01–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

Notice of Stakeholder Surveys for 

Facilitation and Other Purposes 

AGENCY: Federal Mediation and 

Conciliation Service (FMCS). 

ACTION: 30-Day notice and request for 

comments. 

SUMMARY: FMCS invites the general 

public and other Federal Agencies to 

take this opportunity to comment on the 

surveys and other information FMCS 

will collect to inform the process and 

participants for its conflict prevention, 

management, and resolution services 

provided to Federal Agencies, 

particularly public policy mediations 

and facilitations that include 

participants external to the federal 

government. 

DATES: Comments must be submitted on 

or before June 21, 2022. 

ADDRESSES: You may submit comments 

through one of the following methods: 

• Email: register@fmcs.gov. 

• Mail: Stakeholder Survey 

Comments c/o Sarah Cudahy, One 

Independence Square, 250 E St. SW, 

Washington, DC 20427. Please note that 

at this time, mail is sometimes delayed. 

Therefore, we encourage emailed 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Cudahy, 202–606–8090, register@

fmcs.gov. 

SUPPLEMENTARY INFORMATION: Copies of 

the proposed questions are available 

below. Paper copies are available by 

emailing register@fmcs.gov. Please ask 

for the Stakeholder Survey. 

I. Information Collection Request 

Agency: Federal Mediation and 

Conciliation Service. 

Form Number: Not yet assigned. 

Type of Request: New collection; 

generic clearance. 

Affected Entities: Private sector; state, 

local, and tribal governments; 

individuals or households; and federal 

government. 

Frequency: These methods of 

engagement are utilized on an as-needed 

basis. Each engagement is completed 

once. 


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