[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 499-506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33794]
=======================================================================
-----------------------------------------------------------------------
FEDERAL HOUSING FINANCE AGENCY
[No. 2011-N-14]
Privacy Act of 1974; System of Records
AGENCY: Federal Housing Finance Agency.
[[Page 500]]
ACTION: Notice of the establishment of new systems of records and
removal of existing systems of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended (Privacy Act), the Federal Housing Finance Agency
(FHFA) gives notice of the proposed establishment of three new Privacy
Act systems of records and the removal of four existing Privacy Act
systems of records.
The three proposed new systems are: ``Emergency Notification
System'' (FHFA-14); ``Payroll, Retirement, Time and Attendance, and
Leave Records'' (FHFA-15); and ``Personnel Investigative Records''
(FHFA-16). The proposed new systems will replace systems of records
issued by FHFA's predecessor agencies, the Office of Federal Housing
Enterprise Oversight (OFHEO) and the Federal Housing Finance Board
(FHFB). Proposed systems (FHFA-14) and (FHFA-15) will replace OFHEO
systems ``OFHEO-2 Pay and Leave System'' and ``OFHEO-6 Emergency
Contingency Plan and Personnel Locator System,'' and FHFB system
``FHFB-1 Employee Attendance Records.'' Proposed system (FHFA-16) will
replace FHFB system ``FHFB-5 Personnel Investigative Records.''
FHFA has previously published a system of records notice
(``Financial Management System'' (FHFA-2), 74 FR 31949 (July 6, 2009));
however, in publishing that notice, FHFA did not explicitly state that
OFHEO and FHFB system of records notices were being replaced. Notice is
hereby given that the systems of records notice ``OFHEO-1 Financial
Management System'' and ``FHFB-2 General Travel and Transportation
Files'' have been replaced by ``Financial Management System'' (FHFA-2).
Upon the effective date of this notice, the replaced OFHEO system,
``OFHEO-1'' published at 63 FR 9007 (February 23, 1998) and ``FHFB-2''
as amended at 71 FR 61053 (October 17, 2006) will be removed.
In addition, upon the effective date of this notice, the replaced
FHFB systems, ``FHFB-1'' published at 60 FR 46120 (September 5, 1995),
as amended at 62 FR 66865 (December 22, 1997) and 71 FR 61052 (October
17, 2006), and ``FHFB-5'' (originally published as ``FHFB-7 Agency
Personnel Investigative Records'' at 60 FR 46120 (September 5, 1995)),
as amended at 64 FR 14920 (March 29, 1999), 68 FR 39947 (July 3, 2003),
and 71 FR 61052 (October 17, 2006); and the replaced OFHEO systems,
``OFHEO-2'' published at 63 FR 9007 (February 23, 1998), and ``OFHEO-
6'' published at 71 FR 6085 (February 6, 2006) will be removed.
DATES: The addition of these new systems of records will become
effective February 14, 2012 without further notice unless comments
necessitate otherwise. FHFA will publish a new notice if the effective
date is delayed in order to review comments or if changes are made
based on comments received. To be assured of consideration, comments
must be received on or before February 6, 2012.
ADDRESSES: Submit comments only once, identified by ``2011-N-14,''
using any one of the following methods:
Email: Comments to Alfred M. Pollard, General Counsel, may
be sent by email to RegComments@fhfa.gov. Please include ``2011-N-14''
in the subject line of the message.
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 RegComments@fhfa.gov to ensure timely receipt by FHFA.
Please include ``2011-N-14'' 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/2011-N-14, Federal
Housing Finance Agency, 1700 G Street NW., Washington, DC 20552. Please
note that all mail sent to the 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/2011-N-14,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552. The package should be logged at the Guard's 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) 414-3762, or David A. Lee, Senior Agency
Official for Privacy, privacy@fhfa.gov or (202) 414-3804 (not toll free
numbers), Federal Housing Finance Agency, 1700 G Street NW., Washington
DC 20552. The telephone number for the Telecommunications Device for
the Deaf is (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Comments
FHFA seeks public comments on the three proposed new systems of
records and will take all comments into consideration. See 5 U.S.C.
552a(e)(4) and (11).
Instructions: In addition to referencing ``Comments/2011-N-14,''
please reference the title and number of the system of records your
comment addresses.
Posting and Public Availability of Comments: All comments received
will be posted without change on the FHFA Web site at http://www.fhfa.gov, and will include any personal information provided. In
addition, copies of all comments received will be available for
examination by the public on business days between the hours of 10 a.m.
and 3 p.m., at the Federal Housing Finance Agency, Fourth Floor, 1700 G
Street NW., Washington, DC 20552. To make an appointment to inspect
comments, please call the Office of General Counsel at (202) 414-6924.
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 to the 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. The
Director of FHFA has determined that records and information in these
three new systems 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 three new systems of records covered
by this notice to the Committee on Oversight and Government Reform of
the House of Representatives, the Committee on
[[Page 501]]
Homeland Security and Governmental Affairs of the Senate, and the
Office of Management and Budget.
III. Proposed Systems of Records
The first proposed system is ``Emergency Notification System''
(FHFA-14). The proposed system will contain records related to FHFA
employees and contractor personnel who provide emergency contact
information, including personal phone numbers, home and email
addresses, and names and contact information of emergency points of
contact. This proposed system of records will replace the system of
records issued by FHFA's predecessor agency OFHEO. The replaced OFHEO
system, ``OFHEO-6 Emergency Contingency Plan and Personnel Locator
System'' was published at 71 FR 6085 (February 6, 2006).
The second proposed system is ``Payroll, Retirement, Time and
Attendance, and Leave Records'' (FHFA-15). The proposed system will
contain records of individual's name; home address; telephone numbers;
Social Security number; organization code; pay rate; salary; grade;
length of service; pay and leave records; source documents for posting
time and leave attendance; and deductions for Medicare; Old-Age,
Survivors, and Disability Insurance (also known as Social Security);
bonds; Federal Employee Group Life Insurance; union dues; taxes;
allotments; retirement; charities; Federal Government and commercial
health benefits; Flexible Spending Account; Long Term Care Insurance;
Thrift Savings Plan contributions; 401k plan contributions; awards;
shift schedules; pay differential; tax lien data; wage garnishments;
and any other information pertaining to payroll, retirement, time and
attendance, and leave. This proposed system of records will replace the
systems of records issued by FHFA's predecessor agencies, FHFB and
OFHEO. The replaced FHFB system ``FHFB-1 Employee Attendance Records''
was published at 60 FR 46120 (September 5, 1995), as amended at 62 FR
66865 (December 22, 1997), and at 71 FR 61052 (October 17, 2006), and
the OFHEO system, ``OFHEO-2 Pay and Leave System,'' was published at 63
FR 9007 (February 23, 1998).
The third proposed system is ``Personnel Investigative Records''
(FHFA-16). The proposed system will contain individual's name; date of
birth; current and former home addresses; work histories; education and
financial information; Social Security number; information about family
members; information about references; types and dates of
investigations; investigative reports; dates, levels and types of
clearances; and other information pertinent to granting or denying a
security clearance or making a suitability determination. This proposed
system of records will replace the system of records issued by FHFA's
predecessor agency FHFB. The replaced FHFB system, ``FHFB-5 Personnel
Investigative Records,'' was originally published at 60 FR 46120
(September 5, 1995--originally published as ``FHFB-7 Agency Personnel
Investigative Records''), as amended at 62 FR 66865 (December 22,
1997), 68 FR 39947 (July 3, 2003), and 71 FR 61052 (October 17, 2006).
The three proposed new systems and the routine uses for each are
set out in their entirety and described in detail below.
FHFA-14
SYSTEM NAME:
Emergency Notification System.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATIONS:
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552; 1625 Eye Street NW., Washington, DC 20006; 1750 Pennsylvania
Avenue NW., Washington, DC 20006; 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:
This system contains records on current and former employees,
detailees, interns, fellows, volunteers, persons who work at FHFA under
the Intergovernmental Personnel Act, and current and former contractor
personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system contain the individual's name, division,
office, home, work and personal electronic mail addresses, work, home
and cellular telephone numbers, Blackberry PIN and telephone numbers,
and other emergency contact information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301 and Executive Order 12656, Assignment of Emergency
Preparedness Responsibilities, dated November 18, 1988.
PURPOSE(S):
The purpose of the system of records is to maintain emergency
contact information for employees and contractor personnel. The system
provides for high-speed message delivery that reaches employees and
contractor personnel in response to threat alerts issued by the
Department of Homeland Security, weather related emergencies, or other
critical situations that disrupt the operations and accessibility of a
worksite. The system also provides for personnel accountability during
an emergency, through personnel sign-in and rapid alert and
notification.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside FHFA as a
routine use 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, foreign or a
financial regulatory organization charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the 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 or
criminal litigation, if FHFA has reason to believe that the individual
to whom the record is disclosed may
[[Page 502]]
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.
(6) To a court, magistrate, or other administrative body in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations, or in connection with criminal proceedings, when FHFA is
a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary.
(7) To the Department of Justice when (a) FHFA, or any component
thereof; or (b) any employee of FHFA in his or her official capacity;
or (c) any employee of the agency in his or her individual capacity
where the Department of Justice or FHFA has agreed to represent the
employee; or (d) the United States, where FHFA determines that
litigation is likely to affect FHFA or any of its components, is a
party to the litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or FHFA is deemed by
FHFA to be relevant and necessary to the litigation provided, however,
that in each case it has been determined that the disclosure is
compatible with the purpose for which the records were collected.
(8) To a Member of Congress, to a Congressional staff member or to
a Congressional Committee in response to an inquiry from the Member of
Congress, the Congressional staff member or Congressional Committee
made at the written request of the individual about whom the record is
maintained.
(9) To contractor personnel, grantees, volunteers, interns, and
others performing or working on a contract, service, grant, cooperative
agreement, or project for FHFA.
(10) To appropriate federal agencies and other public authorities
for use in records management inspections.
(11) To officials of a labor organization when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
(12) To the Office of Management and Budget and the General
Accountability Office when relevant and necessary to carry out their
responsibilities or to perform other functions within their
jurisdiction.
(13) To the Office of the Inspector General for investigating
allegations of abuse or misconduct, or to perform other functions
within the jurisdiction of the Office of the Inspector General.
(14) To any Federal Government authority for the purpose of
coordinating and reviewing agency continuity of operations plans or
emergency contingency plans developed for responding to Department of
Homeland Security threat alerts, weather related emergencies, or other
critical situations.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in electronic format, paper form, and
magnetic disk or tape. Electronic records are stored in computerized
databases. Paper and magnetic disk or tape records are stored in locked
file rooms, locked file cabinets, or locked safes.
RETRIEVABILITY:
The records are retrieved by email address, the individual's name,
assigned file number, or some other personal 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 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:
The records are retained and disposed of in accordance with the
appropriate National Archives and Records Administration General
Records Schedules and FHFA Records Retention and Disposition Schedules.
Disposal is by shredding or other appropriate disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of the Deputy Chief Operating Officer, Federal Housing
Finance Agency, 1625 Eye Street NW., Washington, DC 20006.
NOTIFICATION PROCEDURES:
Direct inquiries as to whether this system contains a record
pertaining to an individual to the Privacy Act Officer, Federal Housing
Finance Agency, 1700 G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the procedures set forth in 12 CFR
part 1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552, or privacy@fhfa.gov in accordance with the procedures set forth
in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a
record to the Privacy Act Appeals Officer, Federal Housing Finance
Agency, 1700 G Street NW., Washington, DC 20552, or privacy@fhfa.gov in
accordance with the procedures set forth in 12 CFR part 1204.
RECORD SOURCE CATEGORIES:
Record source is from the individuals on whom the records are
maintained.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FHFA-15
SYSTEM NAME:
Payroll, Retirement, Time and Attendance, and Leave Records.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATIONS:
(1) Payroll files, retirement case files, time and attendance
records and reports, and service history files: Federal Housing Finance
Agency (FHFA), 1625 Eye Street NW., Washington, DC 20006;
(2) Notices of personnel action and other pay-related records:
Government Employees Services Division, National Finance Center, U.S.
Department of Agriculture, Attn: CS-0106, P.O. Box 60000, New Orleans,
LA 70160-0001;
(3) Retired official personnel files: National Archives and Records
[[Page 503]]
Administration, National Personnel Records Center (Civilian Personnel
Records Center), 1411 Boulder Boulevard, Valmeyer, IL 62295; and
(4) Any alternate work site utilized by employees of FHFA or by
individuals assisting such employees. For administrative purposes,
duplicate systems may exist within FHFA at the duty station of each
employee.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on current and former employees,
detailees, interns, fellows, volunteers, persons who work at FHFA under
the Intergovernmental Personnel Act, and current and former contractor
personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system contain the individual's name; home
address; telephone numbers; Social Security number; organization code;
pay rate; salary; grade; length of service; pay and leave records;
source documents for posting time and attendance; and deductions for
Medicare; Old-Age, Survivors, and Disability Insurance (also known as
Social Security); bonds; Federal Employee Group Life Insurance; union
dues; taxes; allotments; retirement; charities; Federal Government and
commercial health benefits; Flexible Spending Account; Long Term Care
Insurance; Thrift Savings Plan contributions; 401k plan contributions;
awards; shift schedules; pay differential; tax lien data; and wage
garnishments; and any other information pertaining to payroll,
retirement, time and attendance, and leave. The payroll, retirement,
and leave records described in this notice form a part of the
information contained in the National Finance Center's integrated
Personnel and Payroll System (PPS). Personnel records contained in PPS
are covered under the government-wide systems of records notice
published by the Office of Personnel Management (OPM/GOVT-1 and OPM/
GOVT-5).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, the Federal Home Loan Bank Act (12 U.S.C. 1421-1449),
and the Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4501, et seq.), both as amended by the Housing and
Economic Recovery Act of 2008, Public Law No. 110-289, 122 Stat. 2654
(2008).
PURPOSE(S):
The purpose of the system of records is for FHFA's operations for
payroll, time and attendance, leave, insurance, tax, retirement,
qualifications, and benefits; to prepare related reports to other
Federal agencies including the Department of Treasury and the Office of
Personnel Management; and to locate FHFA employees and determine such
matters as their period of service, type of leave, qualifications,
benefits, and pay.
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, all or a portion of the records or
information contained in this system may be disclosed outside FHFA as a
routine use 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, foreign or a
financial regulatory organization charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the 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 or
criminal 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.
(6) To a court, magistrate, or other administrative body in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations, or in connection with criminal proceedings, when FHFA is
a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary.
(7) To the Department of Justice when (a) FHFA, or any component
thereof; or (b) any employee of FHFA in his or her official capacity;
or (c) any employee of the agency in his or her individual capacity
where the Department of Justice or FHFA has agreed to represent the
employee; or (d) the United States, where FHFA determines that
litigation is likely to affect FHFA or any of its components, is a
party to the litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or FHFA is deemed by
FHFA to be relevant and necessary to the litigation provided, however,
that in each case it has been determined that the disclosure is
compatible with the purpose for which the records were collected.
(8) To a Member of Congress, to a Congressional staff member or to
a Congressional Committee in response to an inquiry from the Member of
Congress, the Congressional staff member or Congressional Committee
made at the written request of the individual about whom the record is
maintained.
(9) To contractor personnel, grantees, volunteers, interns, and
others performing or working on a contract, service, grant, cooperative
agreement, or project for FHFA.
(10) To appropriate federal agencies and other public authorities
for use in records management inspections.
(11) To officials of a labor organization when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
[[Page 504]]
(12) To the Office of Management and Budget and the General
Accountability Office when relevant and necessary to carry out their
responsibilities or to perform other functions within their
jurisdiction.
(13) To the Office of the Inspector General for investigating
allegations of abuse or misconduct, or to perform other functions
within the jurisdiction of the Office of the Inspector General.
(14) To the Department of Agriculture, National Finance Center to
provide personnel, payroll, and related services and systems involving
FHFA employees.
(15) To the Department of the Treasury, Bureau of the Public Debt
to provide financial management services and systems, including local
and temporary duty travel, involving FHFA employees.
(16) To the Internal Revenue Service and appropriate State and
local taxing authorities.
(17) To appropriate Federal agencies to effect salary or
administrative offsets, or for other purposes connected with the
collection of debts owed to the United States.
(18) To the Office of Child Support Enforcement, Administration for
Children and Families, Department of Health and Human Services for the
purpose of locating individuals to establish paternity, establish and
modify orders of child support enforcement actions as required by the
Personal Responsibility and Work Opportunity Reconciliation Act, the
Federal Parent Locator System and the Federal Tax Offset System.
(19) To the Office of Child Support Enforcement for release to the
Social Security Administration for verifying Social Security numbers in
connection with the operation of the Federal Parent Locator System by
the Office of Child Support Enforcement.
(20) To the Office of Child Support Enforcement for release to the
Department of Treasury for purposes of administering the Earned Income
Tax Credit Program and verifying a claim with respect to employment in
a tax return.
(21) To commercial benefit providers, carriers, vendors, contractor
personnel, and agents to process claims and provide related
administrative services involving FHFA employees.
(22) To any Federal, state, or local government agency compiling
tax withholding, retirement contributions, or allotments to charities,
labor unions, wage garnishments, and other authorized recipients.
(23) To any member of the public for employment verification at an
employee's written request.
(24) To any judgment creditor for the purpose of wage garnishment.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in electronic format, paper form, and
magnetic disk or tape. Electronic records are stored in computerized
databases. Paper and magnetic disk or tape records are stored in locked
file rooms, locked file cabinets, or locked safes.
RETRIEVABILITY:
The records are retrieved by the individual's name, Social Security
number, birth date, or some other personal 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 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:
The records are retained and disposed of in accordance with the
appropriate National Archives and Records Administration General
Records Schedules and FHFA Records Retention and Disposition Schedules.
Disposal is by shredding or other appropriate disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Human Resources Management, Federal Housing Finance
Agency, 1625 Eye Street NW., Washington, DC 20006.
NOTIFICATION PROCEDURE:
Direct inquiries as to whether this system contains a record
pertaining to an individual to the Privacy Act Officer, Federal Housing
Finance Agency, 1700 G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the procedures set forth in 12 CFR
part 1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552, or privacy@fhfa.gov in accordance with the procedures set forth
in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a
record to the Privacy Act Appeals Officer, Federal Housing Finance
Agency, 1700 G Street NW., Washington, DC 20552, or privacy@fhfa.gov in
accordance with the procedures set forth in 12 CFR part 1204.
RECORD SOURCE CATEGORIES:
Record source is from the individuals on whom the records are
maintained, official personnel records of individuals on whom the
records are maintained, time and attendance records, withholding
certificates, third-party benefit providers, and other pay-related
records prepared by the individual or the Office of Human Resources
Management.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FHFA-16
SYSTEM NAME:
Personnel Investigative Records.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATIONS:
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552; 1625 Eye Street NW., Washington, DC 20006; 1750 Pennsylvania
Avenue NW., Washington, DC 20006; and any alternate work site utilized
by employees of the Federal Housing Finance Agency (FHFA) or by
individuals assisting such employees. For administrative purposes,
duplicate systems may exist within FHFA at the duty station of each
employee. For background investigations adjudicated by the Department
of State (DOS) or the Office of Personnel Management (OPM), DOS and OPM
may retain copies of those files pursuant to their records retention
schedules.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on current and former employees,
detailees, interns, fellows, volunteers, persons who work at FHFA under
the Intergovernmental Personnel Act, and current and former contractor
personnel.
[[Page 505]]
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system contain the individual's name, date of
birth, citizenship, current and former home addresses, work histories,
education and financial information, Social Security number,
information about family members, information about references, types
and dates of investigations, investigative reports (including those
from Federal and State law enforcement agencies, DOS, Department of
Defense, OPM, and other federal entities), dates, levels and types of
clearances, and any other information pertinent to granting or denying
a security clearance or making a suitability determination.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 10450, Security Requirements for Government
Employment, dated April 27, 1953; and Executive Order 12958, Classified
National Security Information, dated April 17, 1995.
PURPOSE(S):
The purpose of the system of records is to collect and maintain
records of processing of personnel-security related clearance actions,
to record suitability determinations, to record whether security
clearances are issued or denied, and to verify eligibility for access
to classified information or assignment to a sensitive position.
Records may also be used for personnel actions, such as removal from
sensitive duties, removal from employment, or revocation of a security
clearance.
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, all or a portion of the records or
information contained in this system may be disclosed outside FHFA as a
routine use 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, foreign or a
financial regulatory organization charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the 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 or
criminal 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.
(6) To a court, magistrate, or other administrative body in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations, or in connection with criminal proceedings, when FHFA is
a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary.
(7) To the Department of Justice when (a) FHFA, or any component
thereof; or (b) any employee of FHFA in his or her official capacity;
or (c) any employee of the agency in his or her individual capacity
where the Department of Justice or FHFA has agreed to represent the
employee; or (d) the United States, where FHFA determines that
litigation is likely to affect FHFA or any of its components, is a
party to the litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or FHFA is deemed by
FHFA to be relevant and necessary to the litigation provided, however,
that in each case it has been determined that the disclosure is
compatible with the purpose for which the records were collected.
(8) To a Member of Congress, to a Congressional staff member or to
a Congressional Committee in response to an inquiry from the Member of
Congress, the Congressional staff member or Congressional Committee
made at the written request of the individual about whom the record is
maintained.
(9) To contractor personnel, grantees, volunteers, interns, and
others performing or working on a contract, service, grant, cooperative
agreement, or project for FHFA.
(10) To appropriate federal agencies and other public authorities
for use in records management inspections.
(11) To officials of a labor organization when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
(12) To the Office of Management and Budget and the General
Accountability Office when relevant and necessary to carry out their
responsibilities or to perform other functions within their
jurisdiction.
(13) To the Office of the Inspector General for investigating
allegations of abuse or misconduct, or to perform other functions
within the jurisdiction of the Office of the Inspector General.
(14) To disclose information to an agency in the executive,
legislative, or judicial branch, or the District of Columbia
Government, in response to its request related to issuing a security
clearance or conducting a security or suitability investigation of an
individual. Only information that is relevant and necessary to the
requesting agency's decision on the matter will be released.
(15) To verify a security clearance in response to an inquiry from
a security office of an agency in the executive, legislative, or
judicial branch, or the District of Columbia Government. Also, to
provide FHFA employees and contractor personnel access to classified
data or areas, when their official duties require such access.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
[[Page 506]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in electronic format, paper form, and
magnetic disk or tape. Electronic records are stored in computerized
databases. Paper and magnetic disk or tape records are stored in locked
file rooms, locked file cabinets, or locked safes.
RETRIEVABILITY:
The records are retrieved by the individual's name, Social Security
number, date of birth, or some other personal 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 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:
The records are retained and disposed of in accordance with the
appropriate National Archives and Records Administration General
Records Schedules and FHFA Records Retention and Disposition Schedules.
Disposal is by shredding or other appropriate disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Human Resources Management, Federal Housing Finance
Agency, 1625 Eye Street NW., Washington, DC 20006.
NOTIFICATION PROCEDURE:
Direct inquiries as to whether this system contains a record
pertaining to an individual to the Privacy Act Officer, Federal Housing
Finance Agency, 1700 G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the procedures set forth in 12 CFR
part 1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552, or privacy@fhfa.gov in accordance with the procedures set forth
in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a
record to the Privacy Act Appeals Officer, Federal Housing Finance
Agency, 1700 G Street NW., Washington, DC 20552, or privacy@fhfa.gov in
accordance with the procedures set forth in 12 CFR part 1204.
RECORD SOURCE CATEGORIES:
Record source is from the individuals on whom the records are
maintained, official personnel records of individuals on whom the
records are maintained, the Office of Personnel Management and
Departments of State and Defense investigative files, employment
information maintained by FHFA's personnel office, current and former
FHFA employees, other individuals who provide information during the
course of an investigation, Federal law enforcement agencies, and
external and internal inquiries.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(5), a record contained in this system
is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I) and (f), to the extent that disclosure would reveal the
identity of a source who furnished information to the Federal
Government under an express promise that his or her identity would be
held in confidence.
Dated: December 28, 2011.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2011-33794 Filed 1-4-12; 8:45 am]
BILLING CODE 8070-01-P