[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-13367] [[Page Unknown]] [Federal Register: June 2, 1994] ----------------------------------------------------------------------- FEDERAL DEPOSIT INSURANCE CORPORATION Privacy Act of 1974; Amendment to an Existing System of Records AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of amendment to an existing system of records-- ``Confidential Employee Financial Disclosure Statement System'' (formerly ``Employee Financial Disclosure Statement System''). ----------------------------------------------------------------------- SUMMARY: As part of an ongoing examination of the FDIC's systems of records, the ``Employee Financial Disclosure Statement System'' has been reviewed for compliance with the Privacy Act of 1974, 5 U.S.C. 552a. Numerous minor amendments have been made that will clarify and/or more accurately describe the following categories in this system of records: System name, system location, categories of individuals covered by the system, categories of records in the system, authority for maintenance of the system, retrievability, and retention and disposal. EFFECTIVE DATE: June 2, 1994. FOR FURTHER INFORMATION CONTACT: Frederick N. Ottie, Attorney, FDIC, 550-17th Street NW., Washington, DC 20429, (202) 898-6679. SUPPLEMENTARY INFORMATION: The FDIC's system of records entitled ``Employee Financial Disclosure Statement System'' is being amended to clarify and/or more accurately describe its contents. These modifications include changing the system name to the ``Confidential Employee Financial Disclosure Statement System,'' updating titles of existing forms and sources of authority, and rewording descriptions of the contents of existing forms. Additionally, the description of individuals covered by the system specifically includes prospective employees in order to extend system coverage to those individuals under consideration for positions identified in 5 CFR 2634.904 who are required to file a Confidential Financial Disclosure Report as authorized by 5 CFR 2634.903(b)(3). This refinement has been coordinated with and approved by the Office of Government Ethics. Finally, the description of retention and disposal procedures is expanded to delineate the retention and disposal procedures for the records of prospective employees who are not selected for employment and to clarify that disposal of information in automated computer files is by deletion. Accordingly, the Board of Directors of the FDIC amends the ``Employee Financial Disclosure Statement System'' to read as follows: FDIC 30-64-0006 Confidential Employee Financial Disclosure Statement System. Note: Complete text appears at 46 FR 45687, Sep. 14, 1981; amended at 47 FR 42162, Sep. 24, 1982; amended at 53 FR 48039, Nov. 29, 1988. Records are located in designated divisions and offices, and regional and consolidated offices, to which individuals covered by the system are assigned. Duplicate copies of the above records are maintained in the Office of the Executive Secretary, FDIC, 550-17th Street, NW., Washington, DC 20429, for the purpose of certification of review and resolution of conflicts of interest disclosed therein. A list of the system locations is available from the Ethics Section, Office of the Executive Secretary, FDIC, 550-17th Street, NW., Washington, DC 20429. Current, former, and, in the case of item (1) below, prospective FDIC officers, employees, and special government employees required to file any of the following forms: (1) Confidential Financial Disclosure Report; (2) Confidential Report of Indebtedness; (3) Confidential Report of Interest in FDIC-Insured Depository Institution Securities; (4) Confidential Report of Employment Upon Resignation; (5) Employee Certification and Acknowledgement of Standards of Conduct Regulation and Presidential Executive Orders; (6) Statement of Credit Card Obligation in Insured State Nonmember Bank and Acknowledgement of Conditions for Retention-Notice of Disqualification. Information in this system includes data directly furnished by the individual on the following six forms or related records that may be generated in the course of the FDIC's administration of Executive Order 12674, as modified by Executive Order 12731, 5 CFR part 2634, 5 CFR part 2635, 5 CFR part 3202, and 12 CFR part 336--Subpart C, or any successor regulation thereto: (1) Confidential Financial Disclosure Report--contains statements of personal and family holdings, interests in business enterprises and real property, creditors, and outside employment. (2) Confidential Report of Indebtedness--contains information on extensions of credit (loans and credit cards) by FDIC-insured depository institutions or any affiliates or subsidiaries of FDIC- insured depository institutions; may also contain memoranda and correspondence relating to requests for approval of certain loans extended by insured banks or affiliates thereof. (3) Confidential Report of Interest in FDIC-Insured Depository Institution Securities--contains a brief description of an employee's direct or indirect interest in the securities of an FDIC-insured depository institution or affiliate, including a depository institution holding company, and the date and manner of acquisition or divestiture; a brief description of an employee's direct or indirect continuing financial interest through a pension or retirement plan, trust or other arrangement, including arrangements resulting from any current or prior employment or business association, with any FDIC-insured depository institution, affiliate, or depository institution holding company; and a certification acknowledging that the employee has read and understands the rules governing the ownership of securities in FDIC- insured depository institutions. (4) Confidential Report of Employment Upon Resignation--contains information as to the employee's prospective employer, the nature of the business or organizational activities of the prospective employer, the position the employee will occupy, dates of negotiation for such employment, and the employee's official involvement, if any, with the prospective employer. Note: Information is no longer collected on this form. However, previously collected records continue to be maintained for six years from the date of filing. All such records will be destroyed by 1997 except for any which may be involved in an ongoing investigation. (5) Employee Certification and Acknowledgement of Standards of Conduct Regulation and Presidential Executive Orders--contains employee's certification and acknowledgement that he or she: has received a copy of the Standards of Ethical Conduct for Employees of the FDIC, including Part I of Executive Order 12674, 5 CFR part 2635, and 12 CFR part 336--Subpart C, or any other supplemental regulations; has been provided a minimum of one hour of official time to review them; has been advised of the names, titles, office locations, and telephone numbers of ethics officials responsible for answering ethics questions; and has a positive responsibility to comply with the standards of conduct. (6) Confidential Statement of Credit Card Obligation in Insured State Nonmember Bank and Acknowledgement of Conditions for Retention- Notice of Disqualification--for Division of Supervision employees, identifies FDIC-insured State nonmember depository institutions outside the employee's region of assignment from which a credit card was obtained, and employee certification that the credit cards listed were obtained only under such terms and conditions as are available to the general public, that the line of credit does not exceed $10,000, and that the employee is aware of and understands the requirement for self- disqualification from participation in matters affecting the creditors identified. 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); 12 U.S.C. 1819(a); 26 U.S.C. 1043; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p.215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p.306; 5 CFR 2634.103. * * * * * * * * * * Indexed by name, and, in the Office of the Executive Secretary, on an automated system also indexed by name. The automated system does not index the names of prospective employees who are not selected for employment. * * * * * Records concerning prospective employees who are not selected for employment are retained for one year and then destroyed by shredding except that documents needed in an ongoing investigation will be retained until no longer needed in the investigation. All other records are retained for six years and then destroyed by shredding (entries from automated computer index are deleted) except that documents and computer index entries needed in an ongoing investigation will be retained until no longer needed in the investigation. * * * * * By direction of the Board of Directors. Dated at Washington, DC, this 24th day of May, 1994. Federal Deposit Insurance Corporation. Robert E. Feldman, Acting Executive Secretary. [FR Doc. 94-13367 Filed 6-1-94; 8:45 am] BILLING CODE 6714-01-P