ASMB SS #5a - Emergency 30-day Federal Register Notice (85 FR 46104 (7-31-20))

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Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices

implementing Title VII of the Civil
Rights Act of 1964 3 and Executive
Order 11246 (E.O. 11246),4 this
information collection does not impose
additional recordkeeping burdens on
such contractors and subcontractors.
FAR 52.222–26, Equal Opportunity,
requires that such contractors’ contracts
and subcontracts include a clause
implementing E.O. 11246. OFCCP
regulations require each contractor with
50 or more employees and a Federal
contract or subcontract of $50,000 or
more to maintain records on the race,
ethnicity, gender, and EEO–1 job
category of each employee.5 OFCCP
regulations also require each such
contractor to: (1) Demonstrate that it has
made a good faith effort to remove
identified barriers, expand employment
opportunities, and produce measurable
results; 6 and (2) develop and maintain
a written program summary describing
the policies, practices, and procedures
that the contractor uses to ensure that
applicants and employees received
equal opportunities for employment and
advancement.7 In lieu of creating and
maintaining a separate workforce
inclusion plan to submit in satisfaction
of the MWI Clause, a contractor or
subcontractor with 50 or more
employees could submit the written
program summary that it is already
required to maintain under the OFCCP
regulations to demonstrate its good faith
efforts to ensure the fair inclusion of
minorities and women in its workforce.
With respect to reporting burden,
FHFA estimates that it will take each
contractor or subcontractor with 50 or
more employees approximately one
hour to retrieve, review, and submit the
documentation specified in the MWI
Clause. Thus, the estimate of the
triennial burden upon contractors or
subcontractors with 50 or more
employees associated with reporting
requirements under this information
collection is 48 hours (48 respondents ×
1 hour per respondent) and the annual
burden is 16 hours.
(2) Documentation Submitted by
Contractors With Fewer Than 50
Employees
FHFA estimates that the average
annual burden on contractors and
subcontractors with fewer than 50
employees will be 156 hours (150
recordkeeping hours + 6 reporting
hours).
3 42

U.S.C. 2000e, et seq.
11246, 30 FR 12319 (Sept. 28, 1965).
5 See 41 CFR 60–1.7.
6 See 41 CFR 60–2.17.
7 See 41 CFR 60–2.31.
4 E.O.

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OFCCP regulations require contractors
with fewer than 50 employees to
maintain records on the race, ethnicity,
and gender of each employee.8 FHFA
believes that such contractors also keep
EEO–1 job category information in the
normal course of business, despite the
fact that they are not required by law to
do so. However, contractors or
subcontractors with fewer than 50
employees may not have the type of
written program summary that is
required of larger contractors under the
OFCCP regulations or any similar
document that could be submitted as a
workforce inclusion plan under the
MWI Clause. Accordingly, such
contractors or subcontractors may need
to create a workforce inclusion plan to
comply with the MWI Clause.
In order to estimate the burden
associated with creating a workforce
inclusion plan, FHFA considered the
OFCCP’s burden estimates for the time
needed to develop the written program
summaries required under its
regulations.9 In its OMB Supporting
Statement, the OFCCP estimated that a
contractor with 50 to 100 employees
would take approximately 73 hours to
create an initial written program
summary. While the OFCCP regulations
require contractors to perform timeconsuming quantitative analyses when
developing their written program
summaries, such analyses would not be
required in connection with the creation
of a workforce inclusion plan. For this
reason, FHFA believes that a contractor
could develop a workforce inclusion
plan in about one-third of the time that
it would take to develop the written
program summary required under the
OFCCP regulations.
FHFA estimates that a contractor or
subcontractor with fewer than 50
employees would spend approximately
25 hours creating a workforce inclusion
plan for the first time. It is likely that,
going forward, many small contractors
and subcontractors will simply submit
updated versions of workforce inclusion
plans that they have submitted
previously. For purposes of this burden
estimate, however, FHFA has assumed
that all small contractors and
subcontractors will need to create a new
plan every time they are required to
submit information under the MWI
clause. This results in an estimated
average triennial recordkeeping burden
on all contractors and subcontractors
with fewer than 50 employees over the
8 See

41 CFR 60–3.4.
PRA Supporting Statement for the OFCCP
Recordkeeping and Requirements-Supply and
Service Program, OMB Control No. 1250–0003, at
https://www.reginfo.gov/public/do/
PRAViewDocument?ref_nbr=201906-1250-001.
9 See

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next three years of 450 hours (18
respondents × 25 hours per respondent),
with an annual burden of 150 hours.
As with larger entities, FHFA
estimates that it will take each
contractor and subcontractor with fewer
than 50 employees approximately one
hour to retrieve, review, and submit the
documentation specified in the MWI
Clause. Thus, FHFA estimates that the
average triennial reporting burden on all
contractors and subcontractors with
fewer than 50 employees will be 18
hours (18 respondents × 1 hour per
respondent), with an annual burden of
6 hours.
D. Comment Request
In accordance with the requirements
of 5 CFR 1320.8(d), FHFA published an
initial notice and request for public
comments regarding this information
collection in the Federal Register on
May 27, 2020.10 The 60-day comment
period closed on July 27, 2020. FHFA
received no comments.
FHFA requests written comments on
the following: (1) Whether the collection
of information is necessary for the
proper performance of FHFA functions,
including whether the information has
practical utility; (2) the accuracy of
FHFA’s estimates of the burdens of the
collection of information; (3) ways to
enhance the quality, utility, and clarity
of the information collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Robert Winkler,
Chief Information Officer, Federal Housing
Finance Agency.
[FR Doc. 2020–16599 Filed 7–30–20; 8:45 am]
BILLING CODE 8070–01–P

FEDERAL HOUSING FINANCE
AGENCY
[No. 2020–N–14]

Proposed Collection; Comment
Request
Federal Housing Finance
Agency.
ACTION: National Survey of Mortgage
Originations—30-day Notice of
Submission of Information Collection
for Approval for Emergency Clearance
from Office of Management and Budget.
AGENCY:

In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the

SUMMARY:

10 See

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85 FR 31777 (May 27, 2020).

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Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices
Federal Housing Finance Agency
(FHFA) is seeking public comments
concerning an information collection
known as the ‘‘American Survey of
Mortgage Borrowers (ASMB),’’ which
has been assigned control number 2590–
0015 by the Office of Management and
Budget (OMB). FHFA intends to submit
the information collection to OMB for
review and approval of an emergency
six month renewal of the control
number, which expired on July 31,
2019.
DATES: Interested persons may submit
comments on or before August 31, 2020.
ADDRESSES: Submit comments to the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget, Attention: Desk Officer for the
Federal Housing Finance Agency,
Washington, DC 20503, Fax: (202) 395–
3047, Email: OIRA_submission@
omb.eop.gov. Please also submit
comments to FHFA, identified by
‘‘Proposed Collection; Comment
Request: ‘American Survey of Mortgage
Borrowers, (No. 2020–N–14)’ ’’ by any of
the following methods:
• Agency website: 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 the agency.
• Mail/Hand Delivery: Federal
Housing Finance Agency, Eighth Floor,
400 Seventh Street SW, Washington, DC
20219, ATTENTION: Proposed
Collection; Comment Request:
‘‘American Survey of Mortgage
Borrowers, (No. 2020–N–14).’’ Please
note that all mail sent to FHFA via U.S.
Mail 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.
We will post all public comments we
receive without change, including any
personal information you provide, such
as your name and address, email
address, and telephone number, on the
FHFA website at http://www.fhfa.gov. In
addition, copies of all comments
received will be available for
examination by the public through the
electronic comment docket for this PRA
Notice also located on the FHFA
website.
FOR FURTHER INFORMATION CONTACT: Saty
Patrabansh, Manager, National Mortgage
Database Program, Saty.Patrabansh@
fhfa.gov, (202) 649–3213; or Angela

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Supervielle, Counsel,
[email protected], (202) 649–
3973, (these are not toll-free numbers),
Federal Housing Finance Agency, 400
Seventh Street SW, Washington, DC
20219. The Telecommunications Device
for the Hearing Impaired is (800) 877–
8339.
SUPPLEMENTARY INFORMATION:
A. Background
The ASMB is a component of the
‘‘National Mortgage Database’’ (NMDB®)
Program, which is a joint effort of FHFA
and the Consumer Financial Protection
Bureau (CFPB) (jointly, ‘‘the agencies’’).
The NMDB Program is designed to
satisfy the Congressionally-mandated
requirements of section 1324(c) of the
Federal Housing Enterprises Financial
Safety and Soundness Act.1 Section
1324(c) requires that FHFA conduct a
monthly survey to collect data on the
characteristics of individual prime and
subprime mortgages, and on the
borrowers and properties associated
with those mortgages, in order to enable
it to prepare a detailed annual report on
the mortgage market activities of the
Federal National Mortgage Association
(Fannie Mae) and the Federal Home
Loan Mortgage Corporation (Freddie
Mac) for review by the appropriate
Congressional oversight committees.
Section 1324(c) also authorizes and
requires FHFA to compile a database of
otherwise unavailable residential
mortgage market information and to
make that information available to the
public in a timely fashion.
As a means of fulfilling those and
other statutory requirements, as well as
to support policymaking and research
regarding the residential mortgage
markets, FHFA and CFPB jointly
established the NMDB Program in 2012.
The Program is designed to provide
comprehensive information about the
U.S. mortgage market and has three
primary components: (1) The NMDB; (2)
the quarterly National Survey of
Mortgage Originations (NSMO); and (3)
the ASMB.
The NMDB is a de-identified loanlevel database of closed-end first-lien
residential mortgage loans that is
representative of the market as a whole,
contains detailed loan-level information
on the terms and performance of the
mortgages and the characteristics of the
associated borrowers and properties, is
continually updated, has an historical
component dating back to 1998, and
provides a sampling frame for surveys to
collect additional information. The core
data in the NMDB are drawn from a
random 1-in-20 sample of all closed-end

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1 12

U.S.C. 4544(c).

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first-lien mortgages outstanding at any
time between January 1998 and the
present in the files of Experian, one of
the three national credit repositories. A
random 1-in-20 sample of mortgages
newly-reported to Experian is added
each quarter.
The NMDB draws additional
information on mortgages in the NMDB
datasets from other existing sources,
including Home Mortgage Disclosure
Act (HMDA) data that are maintained by
the Federal Financial Institutions
Examination Council (FFIEC), property
valuation models, and administrative
data files maintained by Fannie Mae
and Freddie Mac and by federal
agencies. FHFA also obtains data from
the two surveys conducted as part of the
project—the NSMO and the ASMB. The
NSMO is a quarterly survey that
provides critical and timely information
on newly-originated mortgages and
those borrowing that are not available
from other sources, including: the range
of nontraditional and subprime
mortgage products being offered, the
methods by which these mortgages are
being marketed, and the characteristics
of borrowers for these types of loans.2
While the NSMO provides
information on newly-originated
mortgages, the ASMB focuses on
borrowers’ experience with maintaining
their existing mortgages. This includes
their experience maintaining mortgages
under financial stress, their experience
in soliciting financial assistance, their
success in accessing federally sponsored
programs designed to assist them, and,
where applicable, any challenges they
may have had in terminating a mortgage
loan. In short, the ASMB is designed to
collect information necessary to allow
empirical analysis of two questions of
vital importance to residential mortgage
market policymakers and stakeholders:
(1) What factors explain or predict
which borrowers will become
delinquent on their mortgages?; and (2)
Once a borrower becomes delinquent,
what factors explain or predict whether
the borrower will (a) become current on
the loan, (b) decide they cannot afford
the mortgage and sell the property or
modify the mortgage, or (c) remain
delinquent and enter into foreclosure?
From 2016 through 2018, the ASMB
questionnaire was sent once annually to
a stratified random sample of 10,000
borrowers with mortgages in the NMDB.
In 2018, the ASMB had an 18.7 percent
overall response rate, which yielded
1,793 survey responses. FHFA did not
undertake the ASMB during 2019, but
2 OMB has cleared the NSMO under the PRA and
assigned it control no. 2590–0012, which expires on
June 30, 2023.

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intends to send out the survey again in
the Fall of 2020.3 The 2018 and 2020
survey questionnaires are substantially
similar, except in that a number of
questions specifically relating to the
COVID–19 pandemic and its effects
have been added to the 2020
questionnaire. Eight new questions have
been added regarding expanded
mortgage payment forbearance options
that may have been offered to
borrowers. Two other new questions
address the effect of the COVID–19
pandemic on borrowers’
homeownership and employment.
Because of the elimination of several
questions, as well as the combination of
some other questions, the total number
of questions has actually decreased from
93 on the 2018 survey questionnaire to
92 on the 2020 questionnaire.
Each of the 92 questions on the 2020
survey questionnaire is designed to
elicit one or more of five different
categories of information that are not
available in the administrative data and
that are needed either to properly
analyze the issues described above or to
validate the survey responses. These
categories are: (1) Information needed to
validate that the survey reached the
correct borrower and that the borrower
is providing answers about the correct
loan; (2) information about the mortgage
loan that does not exist in sufficient
detail in the administrative data; (3)
information about the borrower’s
economic circumstances that does not
exist, or exists in insufficient detail, in
the administrative data; (4) information
about the borrower’s attitudes regarding
his or her mortgage, property,
interactions with lenders and servicers,
and life circumstances; and (5)
information needed to determine the
ultimate outcome of the borrower’s
delinquency and the interim steps that
led to that outcome.
B. Need For and Use of the Information
Collection
FHFA views the NMDB Program as a
whole, including the ASMB, as the
monthly ‘‘survey’’ required by section
1324(c) of the Safety and Soundness
Act. Core inputs to the NMDB, such as
a regular refresh of the credit repository
data, occur monthly, though the actual
surveys conducted under the NMDB
Project do not. The information
collected through the ASMB is used, in
combination with information obtained
from existing sources in the NMDB, to
assist FHFA in understanding how the
performance of existing mortgages is
influencing the residential mortgage
3A

copy of the draft 2020 survey questionnaire
appears at the end of this notice.

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market, what different borrower groups
are discussing with their servicers when
they are under financial stress, and
consumers’ opinions of federallysponsored programs designed to assist
them. This important, but otherwise
unavailable, information assists FHFA
in the supervision of its regulated
entities (Fannie Mae, Freddie Mac, and
the Federal Home Loan Banks) and in
the development and implementation of
appropriate and effective policies and
programs. The information may also be
used for research and analysis by CFPB
and other federal agencies that have
regulatory and supervisory
responsibilities and mandates related to
mortgage markets and to provide a
resource for research and analysis by
academics and other interested parties
outside of the government.
As discussed above, the agencies have
added to the 2020 ASMB survey
questionnaire a number of questions
relating to the effect of the COVID–19
pandemic on home mortgage borrowers.
FHFA and CFPB are actively engaged in
developing policies in response to the
COVID–19 pandemic and in support of
the recently-enacted CARES Act,4
which addresses various ramifications
of the pandemic, including its effects on
the residential mortgage market. It is
critical for both agencies to have timely
access to this information to assist in
evidenced-based policymaking in these
areas.
FHFA is also seeking OMB approval
to continue to conduct cognitive pretesting of the survey materials. The
Agency uses information collected
through that process to assist in drafting
and modifying the survey questions and
instructions, as well as the related
communications, to read in the way that
will be most readily understood by the
survey respondents and that will be
most likely to elicit usable responses.
Such information is also used to help
the Agency decide on how best to
organize and format the survey
questionnaires.
C. Reason for Emergency Clearance
Request
In accordance with the requirements
of 5 CFR 1320.8(d), FHFA published a
request for public comments regarding
this information collection in the
Federal Register on May 29, 2019, prior
to the expiration of the control number.5
The 60-day comment period closed on
July 29, 2019. FHFA received no
comments.
4 Coronavirus Aid, Relief, and Economic Security
Act, Public Law 116–136 (2020).
5 See 84 FR 24783 (May 29, 2019).

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After publication of that 60-day
Notice, FHFA and CFPB decided not to
conduct the survey in 2019 and, instead,
to wait until 2020 to conduct the next
wave. In light of that decision, FHFA
decided to allow the PRA clearance for
the ASMB to expire on July 31, 2019
and to continue with the clearance
process in early 2020. At the time the
Agency was preparing to publish the 30day PRA Notice in the Spring of 2020,
the wide effect of the COVID–19
pandemic on the nation’s mortgage
markets and overall economy was
becoming evident, and the agencies
decided to revise the 2020 survey
questionnaire to add the questions
related to COVID–19 that are discussed
above. The addition of those questions
has made the survey questionnaire
materially different from the version
that was published with the 60-day
Notice in May 2019 and OMB has
informed FHFA that it cannot move
forward with the normal clearance
process without first publishing a new
60-day Notice attaching the revised
survey.
If FHFA were to begin the clearance
process anew, it is unlikely that it will
have received OMB approval for the
revised collection in time to send out
the survey in the fall of 2020 as is
needed to provide the agencies with
timely and critical information on the
effects of the pandemic on the
residential mortgage market. Therefore,
with the approval of OMB, FHFA is
moving forward with this 30-day notice,
after which it will request an emergency
six-month clearance for this collection
to facilitate the rapid collection of the
pandemic-related information. At the
appropriate time, FHFA will then
initiate a full clearance process to cover
future waves of the survey.
D. Burden Estimate
This information collection consists
of two components: (1) The survey; and
(2) the pre-testing of the survey
questionnaire and related materials
through the use of focus groups. FHFA
conducted the ASMB annually from
2016 through 2018, but did not conduct
the survey in 2019. The Agency
currently plans to conduct the survey
next in the Fall of 2020. The decision
as to whether to conduct the survey on
an annual or a biennial basis going
forward will depend upon the
availability of funding and on the
agencies’ assessments as to the need for
the type of data collected through the
survey. In order to preserve the ability
to conduct the survey annually, FHFA
assumes, for purposes of these burden
estimates, that it will conduct the
survey once annually over the next

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three years. The estimates assume that
the Agency will conduct two rounds of
pre-testing on each set of survey
materials.
FHFA has analyzed the total hour
burden on members of the public
associated with conducting the survey
(5,000 hours) and with pre-testing the
survey materials (24 hours) and
estimates the total annual hour burden
imposed on the public by this
information collection to be 5,024
hours. The estimate for each phase of
the collection was calculated as follows:
(1) Conducting the Survey
FHFA estimates that the ASMB
questionnaire will be sent to 10,000
recipients each time it is conducted.
Although it expects that only about
1,800 of those surveys will be returned,
FHFA has calculated the burden
estimates below as if all of the surveys
will be returned. Based on the reported

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experience of respondents to earlier
ASMB questionnaires, FHFA estimates
that it will take each respondent 30
minutes to complete each survey,
including the gathering of necessary
materials to respond to the questions.
This results in a total annual burden
estimate of 5,000 hours for the survey
phase of this collection (1 survey per
year × 10,000 respondents per survey ×
30 minutes per respondent = 5,000
hours).
(2) Pre-Testing the Materials
FHFA estimates that it will sponsor
two focus groups prior to conducting
each annual survey, with 12
participants in each focus group, for a
total of 24 focus group participants. It
estimates the participation time for each
focus group participant to be one hour,
resulting in a total annual burden
estimate of 24 hours for the pre-testing
phase of the collection (2 focus groups

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per year × 12 participants in each group
× 1 hour per participant = 24 hours).
E. Comment Request
FHFA requests written comments on
the following: (1) Whether the collection
of information is necessary for the
proper performance of FHFA functions,
including whether the information has
practical utility; (2) the accuracy of
FHFA’s estimates of the burdens of the
collection of information; (3) ways to
enhance the quality, utility, and clarity
of the information collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Robert Winkler,
Chief Information Officer, Federal Housing
Finance Agency.
BILLING CODE 8070–01–P

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BILLING CODE 8070–01–C