Privacy Act of 1974; System of Records
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Notice of the establishment of new systems of records and removal of existing systems of records.
Citation: "77 FR 499"
Document Number: "No. 2011-N-14"
"Notices"
SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended (Privacy Act), the
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
FHFA has previously published a system of records notice ("Financial Management System" (FHFA-2), 74 FR 31949 (
In addition, upon the effective date of this notice, the replaced FHFB systems, "FHFB-1" published at 60 FR 46120 (
DATES: The addition of these new systems of records will become effective
ADDRESSES: Submit comments only once, identified by "2011-N-14," using any one of the following methods:
* Email: Comments to
* 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 FHFA. Please include "2011-N-14" in the subject line of the message.
* U.S. Mail,
* Hand Delivered/Courier: The hand delivery address is:
See SUPPLEMENTARY INFORMATION for additional information on submission and posting of comments.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: 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
II. Introduction
This notice satisfies the Privacy Act requirement that an agency publish a system of records notice in the
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
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 (
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;
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;
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:
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
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
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 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
(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
(8) To a Member of
(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
(13) To the
(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
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
SYSTEM MANAGER(S) AND ADDRESS:
NOTIFICATION PROCEDURES:
Direct inquiries as to whether this system contains a record pertaining to an individual to the Privacy Act Officer,
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a record to the Privacy Act Appeals Officer,
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:
(2) Notices of personnel action and other pay-related records:
(3) Retired official personnel files: National Archives and Records Administration, National Personnel Records Center (Civilian Personnel Records Center),
(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;
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
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
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.</p>
(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
(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
(8) To a Member of
(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
(13) To the
(14) To the
(15) To the
(16) To the
(17) To appropriate Federal agencies to effect salary or administrative offsets, or for other purposes connected with the collection of debts owed to
(18) To the
(19) To the
(20) To the
(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,
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
SYSTEM MANAGER(S) AND ADDRESS:
NOTIFICATION PROCEDURE:
Direct inquiries as to whether this system contains a record pertaining to an individual to the Privacy Act Officer,
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a record to the Privacy Act Appeals Officer,
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
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FHFA-16
SYSTEM NAME:
Personnel Investigative Records.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATIONS:
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, date of birth, citizenship, current and former home addresses, work histories, education and financial information,
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 10450, Security Requirements for Government Employment, dated
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
(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
(8) To a Member of
(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
(13) To the
(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.
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,
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
SYSTEM MANAGER(S) AND ADDRESS:
NOTIFICATION PROCEDURE:
Direct inquiries as to whether this system contains a record pertaining to an individual to the Privacy Act Officer,
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a record to the Privacy Act Appeals Officer,
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
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)(
Dated:
Acting Director,
[FR Doc. 2011-33794 Filed 1-4-12;
BILLING CODE 8070-01-P
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