[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]


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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'').

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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