PART 1223—MINORITY AND WOMEN INCLUSION Authority: 12 U.S.C. 4520 and 4526; 12 U.S.C. 1833e; E.O. 11478. Source: 75 FR 81402, Dec. 28, 2010. Redesignated at 82 FR 14994, Mar. 24, 2017, unless otherwise noted. Subpart A—General § 1223.1 Definitions. The following definitions apply to the terms used in this part: Applicant (1) The regulated entity acted to fill a particular position; (2) The individual followed the regulated entity's standard process for submitting an application; (3) The individual's expression of interest indicates that the individual possesses the basic qualifications for the position; and (4) The individual has not removed him or herself from consideration or otherwise indicated that he or she is no longer interested in the position. Business and activities Disability Disabled-owned business (1) Qualified as a Service-Disabled Veteran-Owned Small Business Concern as defined in 13 CFR 125.8 through 125.13; or (2) More than fifty percent (50%) of the ownership or control of which is held, directly or indirectly, by one or more persons with a disability; and (3) More than fifty percent (50%) of the net profit or loss of which accrues to one or more persons with a disability. D&I strategic planning Diversity spend with non-diverse-owned businesses i.e., Minority Minority-owned business (1) More than fifty percent (50%) of the ownership or control of which is held, directly or indirectly, by one or more minority individuals; and (2) More than fifty percent (50%) of the net profit or loss of which accrues to one or more minority individuals. Prime contractor (tier 1) Promotion Reasonable accommodation Subcontractor (tier 2) Women-owned business (1) More than fifty percent (50%) of the ownership or control of which is held, directly or indirectly, by one or more women; and (2) More than fifty percent (50%) of the net profit or loss of which accrues to one or more women. [75 FR 81402, Dec. 28, 2010, as amended at 82 FR 34394, July 25, 2017] § 1223.2 Policy, purpose, and scope. (a) General policy. (b) Purpose. (c) Scope. [75 FR 81402, Dec. 28, 2010, as amended at 82 FR 34395, July 25, 2017] § 1223.3 Limitations. (a) Except as expressly provided herein for enforcement by FHFA, the regulations in this part do not, are not intended to, and should not be construed to create any right or benefit, substantive or procedural, enforceable at law, in equity, or through administrative proceeding, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, a regulated entity, their officers, employees or agents, or any other person. (b) The contract clause required by § 1223.21(b)(9) and the itemized data reporting on numbers of contracts and amounts involved required under §§ 1223.22 and 1223.23(b)(13) through (22) apply only to contracts for services in any amount and to contracts for goods that equal or exceed $25,000 in annual value, whether in a single contract, multiple contracts, a series of contracts or renewals of contracts, with a single vendor. (c) Within ninety (90) days after August 24, 2017 each regulated entity shall submit to FHFA a list of the types of contracts it considers exempt under § 1223.3(b) and any thresholds, exceptions, and limitations the regulated entity establishes for the implementation of § 1223.21(c)(2). The submission shall address the criteria identified in § 1223.21(b)(9). (d) Each regulated entity shall notify FHFA within thirty (30) days after any change in the types of contracts it considers exempt under § 1223.3(b) or any change in the thresholds, exceptions, and limitations the regulated entity establishes for the implementation of § 1223.21(c)(2). [75 FR 81402, Dec. 28, 2010, as amended at 82 FR 34395, July 25, 2017; 83 FR 39326, Aug. 9, 2018] §§ 1223.4-1223.9 [Reserved] Subpart B [Reserved] Subpart C—Minority and Women Inclusion and Diversity at Regulated Entities § 1223.20 Office of Minority and Women Inclusion. (a) Establishment. (b) Adequate resources. (c) Responsibilities. [75 FR 81402, Dec. 28, 2010, as amended at 82 FR 34395, July 25, 2017] § 1223.21 Promoting diversity and ensuring inclusion in all business and activities. (a) Equal opportunity notice. (b) Policies and procedures. (1) Confirm its adherence to the principles of equal opportunity and non-discrimination in employment and in contracting; (2) Describe its practices and principles for prohibiting discrimination in employment and contracting; (3) Describe its processes for giving consideration to MWDOBs when reviewing and evaluating contract proposals and hiring service providers as required under § 1223.2(c); (4) Establish a process for receiving and attempting to resolve complaints of discrimination in employment and in contracting. Publication will include, at a minimum, making the procedure conspicuously accessible to employees and applicants through print, electronic, or alternative media formats, as necessary, and through the regulated entity's Web site; (5) Establish a process for accepting, reviewing, and granting or denying requests for reasonable accommodations of disabilities from employees or applicants for employment; (6) Establish a process for accepting, reviewing, and granting or denying requests for reasonable accommodations for religious beliefs or practices from employees or applicants for employment; (7) Encourage the consideration of diversity in nominating or soliciting nominees for positions on boards of directors and engage in recruiting and outreach directed at encouraging individuals who are minorities, women and individuals with disabilities to seek or apply for employment with the regulated entity; (8) Establish a process for developing a stand-alone D&I strategic plan or incorporating into its existing strategic plan a D&I plan that proactively focuses on promoting the advancement of D&I. The stand-alone D&I strategic plan and the incorporated D&I plan are hereinafter referred to as the D&I strategic plan; (9) Except as limited by § 1223.3(b), require that each contract it enters contains a material clause committing the contractor to practice the principles of equal employment opportunity and non-discrimination in all its business activities and requiring each such contractor to include the clause in each subcontract it enters for services or goods provided to the regulated entity; (10) Identify the types of contracts the regulated entity considers exempt under § 1223.3(b) and any thresholds, exceptions, and limitations the regulated entity establishes for implementing paragraph (c)(2) of this section. The policies and procedures must describe the following: (i) The rationale and need for the thresholds, exceptions, or limitations; (ii) The criteria used to implement the thresholds, exceptions, or limitations; and (iii) Any negative or adverse impact the implementation of the thresholds, exceptions, or limitations would likely have on contracting opportunities for minorities, women, individuals with disabilities, and MWDOBs; (11) Be published and made accessible to employees, applicants for employment, contractors, potential contractors, and members of the public through print, electronic, or alternative media formats, as necessary, and through the regulated entity's Web site; and (12) Be reviewed at the direction of the officer immediately responsible for directing the Office of Minority and Women Inclusion, or other office designated to perform the responsibilities of this part, at least annually to assess their effectiveness and to incorporate appropriate changes. (c) Outreach for contracting. (1) Apply to all contracts entered into by the regulated entity, including contracts with financial institutions, investment banking firms, investment consultants or advisors, financial services entities, mortgage banking firms, asset management entities, underwriters, accountants, brokers, brokers-dealers, and providers of legal services; (2) Establish policies, procedures and standards requiring the publication of contracting opportunities designed to encourage contractors that are minorities, women, individuals with disabilities, and minority-, women-, and disabled-owned businesses to submit offers or bid for the award of such contracts; and (3) Ensure the consideration of the diversity of a contractor when the regulated entity reviews and evaluates offers from contractors. (d) D&I strategic planning. (e) Contents of the D&I strategic plan. (1) A vision and/or mission statement that addresses the importance of promoting diversity and ensuring the inclusion of minorities, women, and individuals with disabilities in order to fulfill § 1223.2; (2) Measurable strategic goals and objectives for accomplishing the agreed-upon priorities and intended outcomes developed to advance diversity and ensure the inclusion of minorities, women, and individuals with disabilities at the regulated entity in accordance with § 1223.2; and (3) A requirement to create and implement action plans to achieve the strategic goals and objectives and management reporting requirements for monitoring the implementation of those goals and objectives. [75 FR 81402, Dec. 28, 2010, as amended at 82 FR 34396, July 25, 2017; 83 FR 39326, Aug. 9, 2018] § 1223.22 Regulated entity reports. (a) General. (1) Within 180 days after the effective date of this regulation each regulated entity and the Office of Finance shall submit to the Director or his or her designee a preliminary status report describing actions taken, plans for and progress toward implementing the provisions of 12 U.S.C. 4520 and this part; and including to the extent available the data and information required by this part to be included in an annual report. (2) FHFA intends to use the preliminary status report solely for the purpose of examining the submitting regulated entity or the Office of Finance and reporting to the institution on its operations and the condition of its program. (b) FHFA use of reports. (c) Frequency of reports. (d) Annual summary. [75 FR 81402, Dec. 28, 2010, as amended at 80 FR 25215, May 4, 2015; 82 FR 34395, July 25, 2017] § 1223.23 Annual reports—format and contents. (a) Format. (b) Contents. (1) The EEO-1 Employer Information Report (Form EEO-1 used by the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) to collect certain demographic information) or similar reports filed by the regulated entity during the reporting year. If the regulated entity does not file Form EEO-1 or similar reports, the regulated entity shall submit to FHFA a completed Form EEO-1; (2) All other reports or plans the regulated entity submitted to the EEOC, the Department of Labor, OFCCP or Congress (“reports or plans” is not intended to include separate complaints or charges of discrimination or responses thereto) during the reporting year; (3) Data showing by minority and gender the number of applicants for employment with the regulated entity in each occupational or job category identified on the Form EEO-1 during the reporting year; (4) Data showing by minority and gender the number of individuals hired for employment with the regulated entity in each occupational or job category identified on the Form EEO-1 during the reporting year; (5) Data showing by minority, gender and disability classification, and categorized as voluntary or involuntary, the number of separations from employment with the regulated entity in each occupational or job category identified on the Form EEO-1 during the reporting year; (6) Data showing the number of requests for reasonable accommodation received from employees and applicants for employment, the number of requests granted, and the disabilities accommodated and the types of accommodation granted during the reporting year; (7) Data showing for the reporting year by minority, gender, and disability classification the number of applicants for promotion at the regulated entity— (i) Within each occupational or job category identified on the Form EEO-1; and (ii) From one such occupational or job category to another; (8) Data showing by minority, gender, and disability classification the number of individuals— (i) Promoted at the regulated entity within each occupational or job category identified on the Form EEO-1, after applying for such a promotion; (ii) Promoted at the regulated entity within each occupational or job category identified on the Form EEO-1, without applying for such a promotion; and (iii) Promoted at the regulated entity from one occupational or job category identified on the Form EEO-1 to another such category, after applying for such a promotion; (9) Data showing for the reporting year by minority, gender, and disability classification— (i) The number of individuals responsible for supervising employees and/or managing the functions or departments of the regulated entity; and (ii) A description of the strategies, initiatives, and activities executed during the preceding year to promote diverse individuals to supervisory and management roles; (10)(i) Data showing for the reporting year by minority and gender classification, the number of individuals on the board of directors of each Bank and the Office of Finance— (A) Using data collected by each Bank and the Office of Finance through an information collection requesting each director's voluntary self-identification of his or her minority and gender classification without personally identifiable information; (B) Using the same classifications as those on the Form EEO-1; and (ii) A description of the outreach activities and strategies executed during the preceding year to promote diversity in nominating or soliciting nominees for positions on boards of directors of the Banks (consistent with 12 CFR 1261.9) and the Office of Finance; (11) A comparison of the data reported by Fannie Mae and Freddie Mac under paragraphs (b)(1) through (8) of this section, and by the Banks under paragraphs (b)(1) through (9) of this section, to such data as reported in the previous year together with a narrative analysis; (12) A provision addressing the strategies, initiatives, and activities that the regulated entity has undertaken during the prior year to: (i) Communicate with minority serving organizations to help identify ways in which it might be able to improve MWDOB business with the regulated entity by enhancing MWDOB customer access, including in affordable housing and community investment programs; (ii) Evaluate the regulated entity's processes for identifying, considering, and selecting MWDOBs to participate in financial transactions, which evaluation shall include an assessment of the regulated entity's internal policies and practices that may have presented unique challenges to MWDOBs' participation in financial transactions of the regulated entity. (13) Descriptions of all regulated entity outreach activity during the reporting year to recruit individuals who are minorities, women, or persons with disabilities for employment, to solicit or advertise for minority or minority-owned, women or women-owned, and disabled-owned contractors or contractors who are individuals with disabilities to offer proposals or bids to enter into business with the regulated entity, or to inform such contractors of the regulated entity's contracting process, including the identification of any partners, organizations, or government offices with which the regulated entity participated in such outreach activity; (14) Cumulative data separately showing the total number of contracts in place at the beginning of the reporting year as well as those entered into during the reporting year; (15) Cumulative data separately showing the total amount paid for contracts in place at the beginning of the reporting year as well as those entered into during the reporting year; (16) Cumulative data separately showing the total number of contracts entered into during the reporting year that were— (i) Considered exempt under § 1223.3(b); (ii) Prime contracts (tier 1) entered into with minorities, women, individuals with disabilities, or MWDOBs; (iii) Subcontractor (tier 2) contracts that prime contractors (tier 1) entered into with minorities, women, individuals with disabilities, or MWDOBs; (17) Cumulative data separately showing the total amount paid for contracts entered into during the reporting year that were— (i) Considered exempt under § 1223.3(b); (ii) To prime contractors (tier 1) that are minorities, women, individuals with disabilities, or MWDOBs in place at the beginning of the reporting year as well as those entered into during the reporting year; (iii) To subcontractors (tier 2) that are minorities, women, individuals with disabilities, or MWDOBs in place at the beginning of the reporting year; (18) Cumulative data separately showing the total diversity spend with non-diverse-owned businesses during the reporting year; (19) The annual total of amounts paid to prime contractors (tier 1) and subcontractors (tier 2) and the percentage of which was paid separately through prime contracts and subcontracts to minorities, women, individuals with disabilities, or MWDOBs during the reporting year; (20) Certification of compliance with §§ 1223.20 and 1223.21, together with sufficient documentation to verify compliance; (21) Data for the reporting year showing, separately, the number of equal opportunity complaints (including administrative agency charges or complaints, arbitral or judicial claims) against the regulated entity that— (i) Claim employment discrimination, by basis or kind of the alleged discrimination (race, sex, disability, etc. (ii) Claim discrimination in any aspect of the contracting process or administration of contracts, by basis of the alleged discrimination and by result; and (iii) Were resolved through the regulated entity's internal processes; (22) Data showing for the reporting year amounts paid to claimants by the regulated entity for settlements or judgments on discrimination complaints— (i) In employment, by basis of the alleged discrimination; and (ii) In any aspect of the contracting process or in the administration of contracts, by basis of the alleged discrimination; (23) A comparison of the data reported under paragraphs (b)(13) through (19) of this section with the same information reported for the previous year; (24) A narrative identification and analysis of the reporting year's activities the regulated entity considers successful and unsuccessful in achieving the purpose and policy of regulations in this part and a description of progress made from the previous year; and (25) A narrative identification and analysis of business activities, levels, and areas in which the regulated entity's efforts need to improve with respect to achieving the purpose and policy of regulations in this part, together with a description of anticipated efforts and results the regulated entity expects in the succeeding year. [75 FR 81402, Dec. 28, 2010, as amended at 80 FR 25215, May 4, 2015; 82 FR 34396, July 25, 2017; 83 FR 39326, Aug. 9, 2018] § 1223.24 Enforcement. The Director may enforce this regulation and standards issued under it in any manner and through any means within his or her authority, including through identifying matters requiring attention, corrective action orders, directives, or enforcement actions under 12 U.S.C. 4513b and 4514. The Director may conduct examinations of a regulated entity's activities under and in compliance with this part pursuant to 12 U.S.C. 4517. [75 FR 81402, Dec. 28, 2010, as amended at 82 FR 34397, July 25, 2017] § 1223.25 Office of Finance. All sections of this part and the standards issued under it shall apply to the Office of Finance, as defined in § 1201.1 of this chapter, in the same manner in which it applies to the regulated entities, unless the Office of Finance is otherwise specifically addressed or excluded. [82 FR 34397, July 25, 2017] Subparts C-Z [Reserved]