Departmental Offices; Privacy Act of 1974, as Amended, 8843-8845 [2011-3279]

Agencies

• DEPARTMENT OF THE TREASURY

[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8843-8845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3279]


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DEPARTMENT OF THE TREASURY


Departmental Offices; Privacy Act of 1974, as Amended

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of Proposed Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Departmental Offices, U.S. Department of the Treasury (``Treasury'') 
gives notice of the establishment of a Privacy Act System of Records.

DATES: Comments must be received no later than March 17, 2011. The new 
system of records will be effective March 17, 2011 unless the comments 
received result in a contrary determination.

ADDRESSES: Comments should be sent to Claire Stapleton, Consumer 
Financial Protection Bureau Implementation Team, 1801 L Street, NW., 
Washington, DC 20036. Comments will be made available for inspection 
upon written request. Treasury will make such comments available for 
public inspection and copying in Treasury's Library, Room 1428, Main 
Treasury Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, 
on official business days between the hours of 10 a.m. and 5 p.m. 
Eastern Time. You can make an appointment to inspect comments by 
telephoning (202) 622-0990. All comments, including attachments and 
other supporting materials, will become part of the public record and 
subject to public disclosure. You should submit only information that 
you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Consumer Financial 
Protection Bureau Implementation Team, 1801 L. Street, NW., Washington, 
DC 20036, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and 
Consumer Protection Act (``Act''), Public Law 111-203, Title X, 
established the Consumer Financial Protection Bureau (``CFPB''). Once 
fully operational, CFPB will administer, enforce and implement Federal 
consumer financial protection laws, and, among other powers, will have 
authority to protect consumers from unfair, deceptive, and abusive 
practices when obtaining consumer financial products or services. The 
Act grants Treasury certain ``interim authority'' to help stand up the 
agency. The CFPB Implementation Team, currently within Treasury, will 
maintain the records covered by this notice.
    The new system of records described in this notice, Treasury/DO 
.316--CFPB Implementation Team Benefits and Retirement Systems, will be 
used to administer the benefits and retirement programs for CFPB 
Implementation Team employees and assist in personnel management. A 
description of the new system of records follows this Notice.
    The report of a new system of records has been submitted to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget, 
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
November 30, 2000, and the Privacy Act, 5 U.S.C. 552a(r).
    The system of records entitled, ``Treasury/DO.316--CFPB 
Implementation Team Benefits and Retirement Systems'' is published in 
its entirely below.

    Dated: January 28, 2011.
Melissa Hartman,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
TREASURY/DO .316

System Name:
    CFPB Implementation Team Benefits and Retirement Systems.

System Location:
    Consumer Financial Protection Bureau Implementation Team, 1801 L 
Street, NW., Washington, DC 20036.

Categories of individuals covered by the system:
    Current and former CFPB Implementation Team employees and their 
named dependents and/or beneficiaries and individuals who have been 
extended offers of employment.

Categories of records in the system:
    Records in the system may contain forms or memoranda relating to 
employees' retirement and benefits programs, and records relating to 
claims filed for benefits. These programs may include without 
limitation: health insurance plans, dental insurance plans, vision 
insurance plans, life insurance plans, wellness plans, travel insurance 
plans, disability coverage, long term care insurance, accident 
insurance, flexible spending accounts, premium conversion accounts, 
public transportation and parking subsidies, employee assistance 
programs, dependent care referral services, relocation programs, thrift 
plans, and retirement plans. These records may also include 
identifiable information regarding both the employee and the employee's 
named dependents and beneficiaries, including without limitation: name, 
social security number, account numbers, address, phone number, e-mail 
address, and date of birth.

Authority for maintenance of the system:
    Pub. L. 111-203, Title X, Section 1066, codified at 12 U.S.C. 5586.

Purpose(s):
    The information in the system is being collected to enable the CFPB 
Implementation Team to administer retirement and benefits programs to 
employees.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed to:
    (1) Other Federal agencies involved in administration of employee 
retirement and benefits programs and such agencies' contractors or plan 
administrators, when necessary to determine employee eligibility to 
participate in retirement and benefits programs, process employee 
participation in those programs, process claims with respect to 
individual employee participation in those programs, audit benefits 
paid under those programs, or perform any other administrative function 
in connection with those programs or Federal agencies that perform 
payroll and personnel processing and employee retirement and benefits 
plan services under interagency agreements or contracts, including the 
issuance of paychecks to employees, the distribution of wages, the 
administration of deductions from paychecks for retirement and benefits 
programs, and the distribution and receipt of those deductions. These 
agencies include, without limitation, the Department of Labor, the 
Department of Veterans Affairs, the Social Security Administration, the 
Federal Retirement Thrift Investment Board, the Department of Defense, 
the Office of Personnel Management, the Board of Governors of the 
Federal Reserve System, the Department of the Treasury, and the 
National Finance Center at the U.S. Department of Agriculture;
    (2) National, State or local income security and retirement 
agencies or entities involved in administration of employee retirement 
and benefits programs (e.g., State unemployment compensation agencies 
and State

[[Page 8844]]

pension plans) and any of such agencies' contractors or plan 
administrators, when necessary to determine employee eligibility to 
participate in retirement or employee benefits programs, process 
employee participation in those programs, process claims with respect 
to individual employee participation in those programs, audit benefits 
paid under those programs, or perform any other administrative function 
in connection with those programs;
    (3) Carriers and providers of retirement and benefits plans 
(including, without limitation, the carriers participating in the 
Federal Employees Health Benefits (``FEBHB'') Program and the Federal 
Employees Group Life Insurance (``FEGLI'') Program) when necessary to 
determine employee eligibility to enroll in such plans, process 
employee enrollment in such plans, process claims and payments under 
such plans, and perform any other administrative function in connection 
with such plans;
    (4) An executor of the estate of a current or former employee, a 
government entity probating the will of a current or former employee, a 
designated beneficiary of a current or former employee, or any person 
who is responsible for the care of a current or former employee, where 
the employee has died, has been declared mentally incompetent, or is 
under other legal disability, to the extent necessary to assist that 
person in obtaining any employment benefit or working condition for the 
employee.
    (5) A Federal agency in the executive, legislative or judicial 
branch of government in connection with the following activities 
involving a current or former employee: hiring, issuing a security 
clearance, conducting a security or suitability investigation of an 
individual, classifying jobs, letting of a contract, issuing licenses, 
grants, or other benefits by the requesting agency, or a lawful 
statutory, administrative, or investigative purpose of the agency to 
the extent that the information is relevant and necessary to the 
requesting agency's decision;
    (6) Appropriate law enforcement agencies or authorities in 
connection with the investigation and/or prosecution of alleged civil, 
criminal, and administrative violations;
    (7) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (8) The U.S. Department of Justice (``DOJ'') for its use in 
providing legal advice to the Treasury or in representing the Treasury 
in a proceeding before a court, adjudicative body, or other 
administrative body before which the Treasury is authorized to appear, 
where the use of such information by the DOJ is deemed by the Treasury 
to be relevant and necessary to the litigation, and such proceeding 
names as a party or interests:
    (a) The Treasury or any component thereof;
    (b) Any employee of the Treasury in his or her official capacity;
    (c) Any employee of the Treasury in his or her individual capacity 
where DOJ has agreed to represent the employee; or
    (d) The United States, where the Treasury determines that 
litigation is likely to affect the Treasury or any of its components.
    (9) The National Archives and Records Administration for use in 
records management inspections;
    (10) A contractor or agent who needs to have access to this system 
of records to perform an assigned activity;
    (11) Appropriate agencies, entities, and persons when (a) the 
Treasury suspects or has confirmed that the security or confidentiality 
of information in the system of records has been compromised; (b) the 
Treasury 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 the Treasury 
or another agency or entity) that rely upon the compromised 
information; and (c) the disclosure made to such agencies, entities, 
and persons is reasonably necessary to assist in connection with the 
Treasury's efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm;
    (12) A court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations;
    (13) The Equal Employment Opportunity Commission when requested in 
connection with investigations or other functions vested in the 
Commission;
    (14) The Merit Systems Protection Board in connection with appeals 
filed by employees;
    (15) A contractor or other entity for the purpose of conducting 
personnel research or surveys and producing summary descriptive 
statistics and analytical studies to support the function for which the 
records are collected and maintained, or for related work force 
studies. Published statistics and studies will not contain individual 
identifiers;
    (16) Another Federal agency to (a) permit a decision as to access, 
amendment or correction of records to be made in consultation with or 
by that agency, or (b) verify the identity of an individual or the 
accuracy of information submitted by an individual who has requested 
access to or amendment or correction of records;
    (17) The Internal Revenue Service and other jurisdictions which are 
authorized to tax employees' compensation with wage and tax information 
in accordance with a withholding agreement with the Treasury pursuant 
to 5 U.S.C. 5516, 5517, and 5520, for the purpose of furnishing 
employees with IRS Form W-2 that report such tax distributions; and
    (18) Unions recognized as exclusive bargaining representatives 
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.

Policies and practices for storing, retrieving, accessing, retaining, 
and dispensing of records in the system:
Storage:
    Records maintained in this system are stored electronically and in 
file folders. Paper copies of individual records are made by the 
authorized CFPB Implementation Team staff.

Retrievability:
    Records are retrievable by a variety of fields including, without 
limitation, the individual's name, social security number, address, 
account number, transaction number, phone number, date of birth, or by 
some combination thereof.

Safeguards:
    Access to electronic records is restricted to authorized personnel 
who have been issued non-transferrable access codes and passwords. 
Other records are maintained in locked file cabinets or rooms with 
access limited to those personnel whose official duties require access.

Retention and disposal:
    Computer and paper records will be maintained indefinitely until a 
records disposition schedule is approved by the National Archives 
Records Administration.
    System manager(s) and address:
    Consumer Financial Protection Bureau Implementation Team, 1801 L 
Street, NW., Washington, DC 20036.

Notification procedure:
    Individuals seeking notification and access to any record contained 
in this

[[Page 8845]]

system of records, or seeking to contest its content, may inquire in 
writing in accordance with instructions appearing at 31 CFR part 1, 
subpart C, appendix A. Address such requests to: Director, Disclosure 
Services Director, Disclosure Services, Department of the Treasury, 
1500 Pennsylvania Ave., NW., Washington, DC 20220.

Record access procedures:
    See ``Notification Procedures'' above.

Contesting record procedures:
    See ``Notification Procedures'' above.

Record source categories:
    Information in this system is obtained from individuals and 
entities associated with retirement and benefits administration.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-3279 Filed 2-14-11; 8:45 am]
BILLING CODE 4810-25-P