Privacy Act of 1974, as Amended, 68395-68396 [2011-28594]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68395-68396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28594]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / 
Notices

[[Page 68395]]



BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2011-0017]


Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

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 
Bureau of Consumer Financial Protection, hereinto referred to as the 
Consumer Financial Protection Bureau (``CFPB'') or the ``Bureau'', 
gives notice of the establishment of a Privacy Act System of Records.

DATES: Comments must be received no later than December 5, 2011. The 
new system of records will be effective December 14, 2011 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0017, by any of the following methods:
     Electronic: https://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Claire Stapleton, Chief Privacy Officer, Consumer 
Financial Protection Bureau, 1700 G Street NW., Washington, DC 20006.
     Hand Delivery/Courier in Lieu of Mail: Claire Stapleton, 
Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G 
Street NW., Washington, DC 20006.
    All submissions must include the agency name and docket number for 
this notice. In general all comments received will be posted without 
change to https://www.regulations.gov. In addition, comments will be 
available for public inspection and copying at 1700 G Street NW., 
Washington, DC 20006 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) 435-7220. 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, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1700 G St. NW., 
Washington, DC 20006, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and 
Consumer Protection Act (``Act''), Public Law 111-203, Title X, 
established the CFPB. The CFPB administers, enforces, and implements 
federal consumer financial law, and, among other powers, has authority 
to protect consumers from unfair, deceptive, and abusive practices when 
obtaining consumer financial products or services. The CFPB will 
maintain the records covered by this notice.
    The new systems of records described in this notice, CFPB.008--
Transit Subsidy Program, will collect information from employees 
applying for or holding parking permits, or applying for or 
participating in transportation subsidies to be used for public 
transportation, and vanpools to and from the workplace. Information 
will be used to determine employee eligibility for transit subsidies 
and to disburse non-monetary subsidies to eligible employees. The new 
system implements measures that reduce traffic congestion and air 
pollution and expand commuting alternatives for employees. 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, ``CFPB.008--Transit Subsidy Program 
is published in its entirety below.

    Dated: October 31, 2011.
 Claire Stapleton,
Chief Privacy Officer.
CFPB.008

System Name:
    CFPB Transit Subsidy Program.

System Location:
    Consumer Financial Protection Bureau, 1700 G Street NW., 
Washington, DC 20006.

Categories of individuals covered by the system:
    CFPB employees applying for or who participate in the public 
transportation transit subsidy program and vanpool transit subsidies to 
and from the workplace, and applicants for or holders of parking 
permits.

Categories of records in the system:
    Records maintained in this system will contain the Transit Subsidy 
Program application containing the participant or applicant's name, 
home address, office address, office telephone number, grade, duty 
hours, unique numeric identifier chosen by the individual, or the last 
four of the Social Security number, previous method of transportation 
to and from the workplace, costs of transportation, and the type of 
fare subsidy requested including records of parking permit holders. It 
will include subsidies authorized under the Federal Workforce 
Transportation Program. Reports will be submitted to the Department of 
Transportation and to the Bureau of Public Debt in accordance with the 
CFPB Transit Subsidy Program.

Authority for maintenance of the system:
    Public Law 111-203; Title X, sections 1012 and 1013, codified at 12 
U.S.C. 5492, 5493; \1\ Public Law 103-172; Title V, section 1(a), 
codified at 5 U.S.C. 7902.
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    \1\ Section 1066 of the Act grants the Secretary of the Treasury 
interim authority to perform certain functions of the CFPB. Pursuant 
to that authority, Treasury published rules on the Disclosure of 
Records and Information within 12 CFR Chapter X. This SORN is 
published pursuant to those rules and the Privacy Act.
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Purpose(s):
    The purpose of the information collection is to establish and 
maintain systems for providing transportation subsidies to employees. 
This includes

[[Page 68396]]

mass transportation, vanpools, and parking permits. Information is used 
to determine the eligibility of applicants for transportation subsidies 
and to disburse subsidies to eligible employees through the Department 
of Transportation, and for parking management. The system also enables 
the CFPB to compare these records with other federal agencies to ensure 
that employee transportation programs subsidies are not abused.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed, consistent with the CFPB Disclosure 
of Records and Information Rules, promulgated at 12 CFR part 1070 et 
seq., to:
    (1) Appropriate agencies, entities, and persons when: (a) The CFPB 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the CFPB 
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 CFPB 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 CFPB's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm;
    (2) Another federal or state 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;
    (3) To the Office of the President in response to an inquiry from 
that office made at the request of the subject of a record or a third 
party on that person's behalf;
    (4) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (5) Contractors, agents, or other authorized individuals performing 
work on a contract, service, cooperative agreement, job, or other 
activity on behalf of the CFPB or Federal Government and who have a 
need to access the information in the performance of their duties or 
activities;
    (6) The U.S. Department of Justice (``DOJ'') for its use in 
providing legal advice to the CFPB or in representing the CFPB in a 
proceeding before a court, adjudicative body, or other administrative 
body, where the use of such information by the DOJ is deemed by the 
CFPB to be relevant and necessary to the advice or proceeding, and in 
the case of a proceeding, such proceeding names as a party in interest:
    (a) The CFPB;
    (b) Any employee of the CFPB in his or her official capacity;
    (c) Any employee of the CFPB in his or her individual capacity 
where DOJ or the CFPB has agreed to represent the employee; or
    (d) The United States, where the CFPB determines that litigation is 
likely to affect the CFPB or any of its components;
    (7) A court, magistrate, or administrative tribunal in the course 
of an administrative proceeding or judicial proceeding, including 
disclosures to opposing counsel or witnesses (including expert 
witnesses) in the course of discovery or other pre-hearing exchanges of 
information, litigation, or settlement negotiations, where relevant or 
potentially relevant to a proceeding, or in connection with criminal 
law proceedings;
    (8) Appropriate federal, state, local, foreign, tribal, or self-
regulatory organizations or agencies responsible for investigating, 
prosecuting, enforcing, implementing, issuing, or carrying out a 
statute, rule, regulation, order, policy, or license if the information 
may be relevant to a potential violation of civil or criminal law, 
rule, regulation, order, policy or license.

Policies and practices for storing, retrieving, accessing, retaining, 
and dispensing of records in the system:
Storage:
    Paper and electronic records.

Retrievability:
    Records are retrievable by a variety of fields including, but not 
limited to, the individual's name, home address, work organization, 
location, unique numeric identifier chosen by the individual, or the 
last four of the Social Security number, mode of transportation, 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:
    The CFPB will maintain electronic and paper records in accordance 
with published National Archives and Records Administration Disposition 
Schedule, General Records Schedule 9, Federal Employee Transportation 
Subsidy Program. Temporary. Destroy when 3 years old. (General Records 
Schedule (GRS) 9, item 7)

System manager(s) and address:
    The Consumer Financial Protection Bureau, Chief Operating Officer, 
1700 G Street NW., Washington, DC 20006.

Notification procedure:
    Individuals seeking notification and access to any record contained 
in this system of records, or seeking to contest its content, may 
inquire in writing in accordance with instructions appearing in Title 
12, Chapter 10 of the CFR, ``Disclosure of Records and Information.'' 
Address such requests to: Chief Privacy Officer, Bureau of Consumer 
Financial Protection, 1700 G Street NW., Washington, DC 20006.

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

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

Record source categories:
    Information in this system is maintained about employees who have 
applied for or hold parking permits, or applied for or participate in 
the transportation subsidy program, the subsidy program managers and 
other appropriate agency officials, or other federal agencies.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-28594 Filed 11-3-11; 8:45 am]
BILLING CODE 4810-AM-P