Privacy Act of 1974; System of Records, 499-506 [2011-33794]
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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices
carry payload, which is one of the
primary functions of the majority of
construction machines. Lastly,
construction machines must operate in
a variety of conditions and operate often
on steep slopes. Equipment with 1:1
DEF tanks of the correct design creates
a lower risk of losing DEF fluid suction
pickup when operating on extreme tilt
as compared to larger tanks.
In order to fulfill the obligation to
demonstrate that the maintenance will
be done at the recommended interval on
in-use engines, requestors noted that
manufacturers will deploy warnings and
inducements should the DEF level
become too low. In addition to these
initial inducements, should the operator
ignore them, then the requestors noted
that manufacturers will employ ‘‘severe
inducement’’ intended to disable the
functionality of the engine or
equipment.7
Furthermore, EPA notes that several
current SCR systems include the final
inducement of either having the engine
shut down or idle only (with no power)
when no DEF is present in the DEF tank
(or the system is no longer able to dose
with DEF), and such SCR systems meet
EPA’s expectations of what is required
for nonroad SCR systems.8 As an
example, one manufacturer noted that
‘‘To provide the necessary assurance
that the DEF tank will be refilled, each
vehicle will be equipped with a
constant viewable DEF level indicator
included in the vehicle dashboard
display. * * * the operator display
system includes a visible warning signal
that indicates when the level of DEF in
the tank is low and will need refilling.
As a final inducement, the system also
includes programmed engine derates
that limit engine performance once the
DEF level drops below certain levels,
thereby limiting vehicle performance.’’
EMA, in its request, noted that should
operators fail to notice audible or visible
warning signals indicating low DEF,
then the manufacturers may also use a
reduction in engine power or equipment
utility to provide more dramatic notice
that the DEF tank needs refilling. This
‘‘severe inducement’’ is intended to
disable the functionality of the engine or
equipment, and to substantially limit
the likelihood that the engine or
equipment could perform any useful
work, but is not intended to prohibit the
engine or equipment’s mobility or
ability to idle. EMA also notes that it
7 EMA suggests that a severe inducement would
reduce the engine to 60% of the rated speed and
50% rated torque.
8 EPA held a public webinar on July 26, 2011.
Copies of the presentation used at this webinar can
be found at: www.epa.gov/otaq/cert/documents/
nrci-scr-web-conf.2011-07-25.pdf.
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expects EPA to provide guidance on an
appropriate final inducement once the
SCR system runs out of DEF.
III. Discussion
EPA believes that SCR systems are a
new technology and are properly
considered a critical emission-related
component since their primary purpose
is to control emissions. In addition, the
replenishment of DEF as part of
maintaining the SCR system’s
functionality is considered to be critical
emission-related maintenance under
1039.125(a).
EPA believes it appropriate to
evaluate the DEF refill rates by taking
into consideration the space and weight
constraints typically involved with the
range of NRCI engines using SCR
systems, including safety and impacts of
weight and dosing rates on greenhouse
gas emissions and fuel efficiency. EPA
believes it must also take into
consideration the likelihood that the
maintenance of DEF refills will be
performed by the owner or operator.9
In our 2009 Federal Register notice
regarding heavy-duty on-highway
engines and vehicles using SCR
systems, we concluded that the
requested intervals were appropriate
because we determined that
manufacturer-recommended DEF refill
intervals approximated the maximum
feasible maintenance intervals
associated with reasonable DEF tank
sizes. We also concluded that the
maintenance intervals recommended
ensure that the functions and
operational efficiency of such vehicles
are not overly compromised.10 EPA
knows of no SCR technology for NRCI
engines that is yet capable of attaining
longer operation (generally beyond one
tank full of diesel) without a DEF refill.
As noted by the requests, there are
significant space and weight constraints
associated with increasing the DEF tank
size in order to accommodate a 2:1 refill
ratio. EPA believes it appropriate to take
into consideration the need for locating
the DEF tank in close proximity to the
fuel tank and the remainder of the SCR
system, as well as the increased
likelihood that the DEF tank will be
refilled if it becomes standard operating
practice to refill the DEF tank at the
same time as the fuel tank. EPA believes
that such nonroad equipment is similar
to centrally-fueled heavy-duty onhighway vehicles and that there is a
sufficient basis and a reasonable
expectation that DEF tank refills will
occur on a timely basis.
9 40
CFR 1039.125(a)(5).
FR 57561 (November 9, 2009).
10 74
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499
EPA notes that the regulations allow
any manufacturer to petition EPA under
the ‘‘paragraph (a)(5) process’’ for a new
maintenance interval for a particular
engine family or application than that
approved for the industry if the
manufacturer can show that a certain
interval is the appropriate maintenance
interval for the particular engine
configuration being certified.
EPA also notes that all critical
emission-related maintenance must
have a reasonable likelihood of being
done at the recommended intervals on
in-use engines. Paragraph 1039.125(a)(1)
sets forth several methods by which
such demonstration can be made,
including data showing that if a lack of
maintenance increases emissions, it also
unacceptably degrades the engine’s
performance. In the context of SCR
systems and the potential of an empty
DEF tank and an inoperable SCR
system, EPA notes that equipment
under such operating conditions are
expected to shut down or idle only.
Engine manufacturers employing such
final inducements meet the
requirements of (a)(1) and furthermore
meet the requirement under (a)(5) for
DEF refill intervals based on a 1:1 ratio.
For the reasons set forth above, EPA
approves a new scheduled maintenance
interval for DEF refill that shall be no
less than the equipment’s fuel capacity
(i.e., a 1:1 ratio of DEF refill to fuel
refill) for 2011 and later model year
nonroad engines.
IV. Procedures for Objections
Anyone may request a hearing on this
determination. The request must be in
writing and include a description of
your objection and any supporting data.
The request must be made by February
6, 2012. If, after review of any objection
and supporting data, we find that the
request raises a substantial factual issue,
we will hold a hearing in accordance
with 40 CFR Part 1068 Subpart G.
Dated: December 23, 2011.
Gina McCarthy,
Assistant Administrator, Office of Air and
Radiation.
[FR Doc. 2011–33840 Filed 1–4–12; 8:45 am]
BILLING CODE P
FEDERAL HOUSING FINANCE
AGENCY
[No. 2011–N–14]
Privacy Act of 1974; System of
Records
AGENCY:
Federal Housing Finance
Agency.
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Notice of the establishment of
new systems of records and removal of
existing systems of records.
ACTION:
In accordance with the
requirements of the Privacy Act of 1974,
as amended (Privacy Act), the Federal
Housing Finance Agency (FHFA) gives
notice of the proposed establishment of
three new Privacy Act systems of
records and the removal of four existing
Privacy Act systems of records.
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 Office of
Federal Housing Enterprise Oversight
(OFHEO) and the Federal Housing
Finance Board (FHFB). Proposed
systems (FHFA–14) and (FHFA–15) will
replace OFHEO systems ‘‘OFHEO–2 Pay
and Leave System’’ and ‘‘OFHEO–6
Emergency Contingency Plan and
Personnel Locator System,’’ and FHFB
system ‘‘FHFB–1 Employee Attendance
Records.’’ Proposed system (FHFA–16)
will replace FHFB system ‘‘FHFB–5
Personnel Investigative Records.’’
FHFA has previously published a
system of records notice (‘‘Financial
Management System’’ (FHFA–2), 74 FR
31949 (July 6, 2009)); however, in
publishing that notice, FHFA did not
explicitly state that OFHEO and FHFB
system of records notices were being
replaced. Notice is hereby given that the
systems of records notice ‘‘OFHEO–1
Financial Management System’’ and
‘‘FHFB–2 General Travel and
Transportation Files’’ have been
replaced by ‘‘Financial Management
System’’ (FHFA–2). Upon the effective
date of this notice, the replaced OFHEO
system, ‘‘OFHEO–1’’ published at 63 FR
9007 (February 23, 1998) and ‘‘FHFB–2’’
as amended at 71 FR 61053 (October 17,
2006) will be removed.
In addition, upon the effective date of
this notice, the replaced FHFB systems,
‘‘FHFB–1’’ published at 60 FR 46120
(September 5, 1995), as amended at 62
FR 66865 (December 22, 1997) and 71
FR 61052 (October 17, 2006), and
‘‘FHFB–5’’ (originally published as
‘‘FHFB–7 Agency Personnel
Investigative Records’’ at 60 FR 46120
(September 5, 1995)), as amended at 64
FR 14920 (March 29, 1999), 68 FR 39947
(July 3, 2003), and 71 FR 61052 (October
17, 2006); and the replaced OFHEO
systems, ‘‘OFHEO–2’’ published at 63
FR 9007 (February 23, 1998), and
‘‘OFHEO–6’’ published at 71 FR 6085
(February 6, 2006) will be removed.
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SUMMARY:
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The addition of these new
systems of records will become effective
February 14, 2012 without further
notice unless comments necessitate
otherwise. FHFA will publish a new
notice if the effective date is delayed in
order to review comments or if changes
are made based on comments received.
To be assured of consideration,
comments must be received on or before
February 6, 2012.
ADDRESSES: Submit comments only
once, identified by ‘‘2011–N–14,’’ using
any one of the following methods:
• Email: Comments to Alfred M.
Pollard, General Counsel, may be sent
by email to RegComments@fhfa.gov.
Please include ‘‘2011–N–14’’ in the
subject line of the message.
• Federal eRulemaking Portal: https://
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
RegComments@fhfa.gov to ensure
timely receipt by FHFA. Please include
‘‘2011–N–14’’ in the subject line of the
message.
• U.S. Mail, United Parcel Service,
Federal Express, or Other Mail Service:
The mailing address for comments is:
Alfred M. Pollard, General Counsel,
Attention: Comments/2011–N–14,
Federal Housing Finance Agency, 1700
G Street NW., Washington, DC 20552.
Please note that all mail sent to the
FHFA via the U.S. Postal Service is
routed through a national irradiation
facility, a process that may delay
delivery by approximately two weeks.
For any time-sensitive correspondence,
please plan accordingly.
• Hand Delivered/Courier: The hand
delivery address is: Alfred M. Pollard,
General Counsel, Attention: Comments/
2011–N–14, Federal Housing Finance
Agency, 1700 G Street NW.,
Washington, DC 20552. The package
should be logged at the Guard’s Desk,
First Floor, on business days between 9
a.m. to 5 p.m.
See SUPPLEMENTARY INFORMATION for
additional information on submission
and posting of comments.
FOR FURTHER INFORMATION CONTACT:
Stacy Easter, Privacy Act Officer,
privacy@fhfa.gov or (202) 414–3762, or
David A. Lee, Senior Agency Official for
Privacy, privacy@fhfa.gov or (202) 414–
3804 (not toll free numbers), Federal
Housing Finance Agency, 1700 G Street
NW., Washington DC 20552. The
telephone number for the
Telecommunications Device for the Deaf
is (800) 877–8339.
SUPPLEMENTARY INFORMATION:
DATES:
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I. Comments
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 https://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 between the hours of 10 a.m. and
3 p.m., at the Federal Housing Finance
Agency, Fourth Floor, 1700 G Street
NW., Washington, DC 20552. To make
an appointment to inspect comments,
please call the Office of General Counsel
at (202) 414–6924.
II. Introduction
This notice satisfies the Privacy Act
requirement that an agency publish a
system of records notice in the Federal
Register when there is an addition to
the agency’s system of records. Congress
has recognized that application of all
requirements of the Privacy Act to
certain categories of records may have
an undesirable and often unacceptable
effect upon agencies in the conduct of
necessary public business.
Consequently, Congress established
general exemptions and specific
exemptions that could be used to
exempt records from provisions of the
Privacy Act. Congress also required that
exempting records from provisions of
the Privacy Act would require the head
of an agency to publish a determination
to exempt a record from the Privacy Act
as a rule in accordance with the
Administrative Procedure Act. The
Director of FHFA has determined that
records and information in these three
new systems of records are not exempt
from the requirements of the Privacy
Act.
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
February 8, 1996 (61 FR 6427, 6435
February 20, 1996), FHFA has submitted
a report describing the three new
systems of records covered by this
notice to the Committee on Oversight
and Government Reform of the House of
Representatives, the Committee on
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Homeland Security and Governmental
Affairs of the Senate, and the Office of
Management and Budget.
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 (February 6,
2006).
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;
Social Security number; organization
code; pay rate; salary; grade; length of
service; pay and leave records; source
documents for posting time and leave
attendance; and deductions for
Medicare; Old-Age, Survivors, and
Disability Insurance (also known as
Social Security); bonds; Federal
Employee Group Life Insurance; union
dues; taxes; allotments; retirement;
charities; Federal Government and
commercial health benefits; Flexible
Spending Account; Long Term Care
Insurance; Thrift Savings Plan
contributions; 401k plan contributions;
awards; shift schedules; pay differential;
tax lien data; wage garnishments; and
any other information pertaining to
payroll, retirement, time and
attendance, and leave. This proposed
system of records will replace the
systems of records issued by FHFA’s
predecessor agencies, FHFB and
OFHEO. The replaced FHFB system
‘‘FHFB–1 Employee Attendance
Records’’ was published at 60 FR 46120
(September 5, 1995), as amended at 62
FR 66865 (December 22, 1997), and at
71 FR 61052 (October 17, 2006), and the
OFHEO system, ‘‘OFHEO–2 Pay and
Leave System,’’ was published at 63 FR
9007 (February 23, 1998).
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; Social Security number;
information about family members;
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information about references; types and
dates of investigations; investigative
reports; dates, levels and types of
clearances; and other information
pertinent to granting or denying a
security clearance or making a
suitability determination. This proposed
system of records will replace the
system of records issued by FHFA’s
predecessor agency FHFB. The replaced
FHFB system, ‘‘FHFB–5 Personnel
Investigative Records,’’ was originally
published at 60 FR 46120 (September 5,
1995—originally published as ‘‘FHFB–7
Agency Personnel Investigative
Records’’), as amended at 62 FR 66865
(December 22, 1997), 68 FR 39947 (July
3, 2003), and 71 FR 61052 (October 17,
2006).
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:
Federal Housing Finance Agency,
1700 G Street NW., Washington, DC
20552; 1625 Eye Street NW.,
Washington, DC 20006; 1750
Pennsylvania Avenue NW., Washington,
DC 20006; and any alternate work site
utilized by employees of the Federal
Housing Finance Agency (FHFA) or by
individuals assisting such employees.
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
November 18, 1988.
PURPOSE(S):
The purpose of the system of records
is to maintain emergency contact
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501
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 Department of
Homeland Security, weather related
emergencies, or other critical situations
that disrupt the operations and
accessibility of a worksite. The system
also provides for personnel
accountability during an emergency,
through personnel sign-in and rapid
alert and notification.
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
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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 Congress to render advice and
recommendations to FHFA or to
Congress, to be used solely in
connection with their official,
designated functions.
(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 Department of Justice when
(a) FHFA, or any component thereof; or
(b) any employee of FHFA in his or her
official capacity; or (c) any employee of
the agency in his or her individual
capacity where the Department of
Justice or FHFA has agreed to represent
the employee; or (d) the United States,
where FHFA determines that litigation
is likely to affect FHFA or any of its
components, is a party to the litigation
or has an interest in such litigation, and
the use of such records by the
Department of Justice or FHFA is
deemed by FHFA to be relevant and
necessary to the litigation provided,
however, that in each case it has been
determined that the disclosure is
compatible with the purpose for which
the records were collected.
(8) To a Member of Congress, to a
Congressional staff member or to a
Congressional Committee in response to
an inquiry from the Member of
Congress, the Congressional staff
member or Congressional Committee
made at the written request of the
individual about whom the record is
maintained.
(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.
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(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 Office of Management and
Budget and the General Accountability
Office when relevant and necessary to
carry out their responsibilities or to
perform other functions within their
jurisdiction.
(13) To the Office of the Inspector
General for investigating allegations of
abuse or misconduct, or to perform
other functions within the jurisdiction
of the Office of the Inspector General.
(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 Department of
Homeland Security threat alerts,
weather related emergencies, or other
critical situations.
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:
Administration General Records
Schedules and FHFA Records Retention
and Disposition Schedules. Disposal is
by shredding or other appropriate
disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of the Deputy Chief Operating
Officer, Federal Housing Finance
Agency, 1625 Eye Street NW.,
Washington, DC 20006.
NOTIFICATION PROCEDURES:
Direct inquiries as to whether this
system contains a record pertaining to
an individual to the Privacy Act Officer,
Federal Housing Finance Agency, 1700
G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record
to the Privacy Act Officer, Federal
Housing Finance Agency, 1700 G Street
NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an
adverse determination for a record to
the Privacy Act Appeals Officer, Federal
Housing Finance Agency, 1700 G Street
NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
RECORD SOURCE CATEGORIES:
Record source is from the individuals
on whom the records are maintained.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The records are retrieved by email
address, the individual’s name, assigned
file number, or some other personal
identifier.
FHFA–15
SAFEGUARDS:
Payroll, Retirement, Time and
Attendance, and Leave Records.
Records are safeguarded in a secured
environment. Buildings where records
are stored have security cameras and 24hour 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
National Archives and Records
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None.
SYSTEM NAME:
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATIONS:
(1) Payroll files, retirement case files,
time and attendance records and
reports, and service history files:
Federal Housing Finance Agency
(FHFA), 1625 Eye Street NW.,
Washington, DC 20006;
(2) Notices of personnel action and
other pay-related records: Government
Employees Services Division, National
Finance Center, U.S. Department of
Agriculture, Attn: CS–0106, P.O. Box
60000, New Orleans, LA 70160–0001;
(3) Retired official personnel files:
National Archives and Records
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Administration, National Personnel
Records Center (Civilian Personnel
Records Center), 1411 Boulder
Boulevard, Valmeyer, IL 62295; and
(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; Social Security
number; organization code; pay rate;
salary; grade; length of service; pay and
leave records; source documents for
posting time and attendance; and
deductions for Medicare; Old-Age,
Survivors, and Disability Insurance (also
known as Social Security); bonds;
Federal Employee Group Life Insurance;
union dues; taxes; allotments;
retirement; charities; Federal
Government and commercial health
benefits; Flexible Spending Account;
Long Term Care Insurance; Thrift
Savings Plan contributions; 401k plan
contributions; awards; shift schedules;
pay differential; tax lien data; and wage
garnishments; and any other
information pertaining to payroll,
retirement, time and attendance, and
leave. The payroll, retirement, and leave
records described in this notice form a
part of the information contained in the
National Finance Center’s integrated
Personnel and Payroll System (PPS).
Personnel records contained in PPS are
covered under the government-wide
systems of records notice published by
the Office of Personnel Management
(OPM/GOVT–1 and OPM/GOVT–5).
emcdonald on DSK5VPTVN1PROD with NOTICES
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 Stat. 2654 (2008).
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
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14:51 Jan 04, 2012
Jkt 226001
benefits; to prepare related reports to
other Federal agencies including the
Department of Treasury and the Office
of Personnel Management; and to locate
FHFA employees and determine such
matters as their period of service, type
of leave, qualifications, benefits, and
pay.
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,
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
503
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 Congress to render advice and
recommendations to FHFA or to
Congress, to be used solely in
connection with their official,
designated functions.
(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 Department of Justice when
(a) FHFA, or any component thereof; or
(b) any employee of FHFA in his or her
official capacity; or (c) any employee of
the agency in his or her individual
capacity where the Department of
Justice or FHFA has agreed to represent
the employee; or (d) the United States,
where FHFA determines that litigation
is likely to affect FHFA or any of its
components, is a party to the litigation
or has an interest in such litigation, and
the use of such records by the
Department of Justice or FHFA is
deemed by FHFA to be relevant and
necessary to the litigation provided,
however, that in each case it has been
determined that the disclosure is
compatible with the purpose for which
the records were collected.
(8) To a Member of Congress, to a
Congressional staff member or to a
Congressional Committee in response to
an inquiry from the Member of
Congress, the Congressional staff
member or Congressional Committee
made at the written request of the
individual about whom the record is
maintained.
(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.
E:\FR\FM\05JAN1.SGM
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emcdonald on DSK5VPTVN1PROD with NOTICES
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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices
(12) To the Office of Management and
Budget and the General Accountability
Office when relevant and necessary to
carry out their responsibilities or to
perform other functions within their
jurisdiction.
(13) To the Office of the Inspector
General for investigating allegations of
abuse or misconduct, or to perform
other functions within the jurisdiction
of the Office of the Inspector General.
(14) To the Department of Agriculture,
National Finance Center to provide
personnel, payroll, and related services
and systems involving FHFA
employees.
(15) To the Department of the
Treasury, Bureau of the Public Debt to
provide financial management services
and systems, including local and
temporary duty travel, involving FHFA
employees.
(16) To the Internal Revenue Service
and appropriate State and local taxing
authorities.
(17) To appropriate Federal agencies
to effect salary or administrative offsets,
or for other purposes connected with
the collection of debts owed to the
United States.
(18) To the Office of Child Support
Enforcement, Administration for
Children and Families, Department of
Health and Human Services for the
purpose of locating individuals to
establish paternity, establish and modify
orders of child support enforcement
actions as required by the Personal
Responsibility and Work Opportunity
Reconciliation Act, the Federal Parent
Locator System and the Federal Tax
Offset System.
(19) To the Office of Child Support
Enforcement for release to the Social
Security Administration for verifying
Social Security numbers in connection
with the operation of the Federal Parent
Locator System by the Office of Child
Support Enforcement.
(20) To the Office of Child Support
Enforcement for release to the
Department of Treasury for purposes of
administering the Earned Income Tax
Credit Program and verifying a claim
with respect to employment in a tax
return.
(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.
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14:51 Jan 04, 2012
Jkt 226001
(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, Social Security
number, birth date, 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
National Archives and Records
Administration General Records
Schedules and FHFA Records Retention
and Disposition Schedules. Disposal is
by shredding or other appropriate
disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Human Resources
Management, Federal Housing Finance
Agency, 1625 Eye Street NW.,
Washington, DC 20006.
NOTIFICATION PROCEDURE:
Direct inquiries as to whether this
system contains a record pertaining to
an individual to the Privacy Act Officer,
Federal Housing Finance Agency, 1700
G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
RECORD ACCESS PROCEDURES:
Direct requests for access to a record
to the Privacy Act Officer, Federal
Housing Finance Agency, 1700 G Street
NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an
adverse determination for a record to
the Privacy Act Appeals Officer, Federal
Housing Finance Agency, 1700 G Street
NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
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 Office of Human Resources
Management.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FHFA–16
SYSTEM NAME:
Personnel Investigative Records.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATIONS:
Federal Housing Finance Agency,
1700 G Street NW., Washington, DC
20552; 1625 Eye Street NW.,
Washington, DC 20006; 1750
Pennsylvania Avenue NW., Washington,
DC 20006; and any alternate work site
utilized by employees of the Federal
Housing Finance Agency (FHFA) or by
individuals assisting such employees.
For administrative purposes, duplicate
systems may exist within FHFA at the
duty station of each employee. For
background investigations adjudicated
by the Department of State (DOS) or the
Office of Personnel Management (OPM),
DOS and OPM may retain copies of
those files pursuant to their records
retention schedules.
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.
E:\FR\FM\05JAN1.SGM
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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices
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, Social Security
number, information about family
members, information about references,
types and dates of investigations,
investigative reports (including those
from Federal and State law enforcement
agencies, DOS, Department of Defense,
OPM, and other federal entities), dates,
levels and types of clearances, and any
other information pertinent to granting
or denying a security clearance or
making a suitability determination.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 10450, Security
Requirements for Government
Employment, dated April 27, 1953; and
Executive Order 12958, Classified
National Security Information, dated
April 17, 1995.
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.
emcdonald on DSK5VPTVN1PROD with NOTICES
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
VerDate Mar<15>2010
14:51 Jan 04, 2012
Jkt 226001
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 Congress to render advice and
recommendations to FHFA or to
Congress, to be used solely in
connection with their official,
designated functions.
(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 Department of Justice when
(a) FHFA, or any component thereof; or
(b) any employee of FHFA in his or her
official capacity; or (c) any employee of
the agency in his or her individual
capacity where the Department of
Justice or FHFA has agreed to represent
the employee; or (d) the United States,
where FHFA determines that litigation
is likely to affect FHFA or any of its
components, is a party to the litigation
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
505
or has an interest in such litigation, and
the use of such records by the
Department of Justice or FHFA is
deemed by FHFA to be relevant and
necessary to the litigation provided,
however, that in each case it has been
determined that the disclosure is
compatible with the purpose for which
the records were collected.
(8) To a Member of Congress, to a
Congressional staff member or to a
Congressional Committee in response to
an inquiry from the Member of
Congress, the Congressional staff
member or Congressional Committee
made at the written request of the
individual about whom the record is
maintained.
(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 Office of Management and
Budget and the General Accountability
Office when relevant and necessary to
carry out their responsibilities or to
perform other functions within their
jurisdiction.
(13) To the Office of the Inspector
General for investigating allegations of
abuse or misconduct, or to perform
other functions within the jurisdiction
of the Office of the Inspector General.
(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.
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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
CONTESTING RECORD PROCEDURES:
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, Social Security
number, date of birth, or some other
personal identifier.
SAFEGUARDS:
Records are safeguarded in a secured
environment. Buildings where records
are stored have security cameras and 24hour 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
National Archives and Records
Administration General Records
Schedules and FHFA Records Retention
and Disposition Schedules. Disposal is
by shredding or other appropriate
disposal systems.
Direct requests to contest or appeal an
adverse determination for a record to
the Privacy Act Appeals Officer, Federal
Housing Finance Agency, 1700 G Street
NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
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 Office of Personnel Management and
Departments of State and Defense
investigative files, employment
information maintained by FHFA’s
personnel office, current and former
FHFA employees, other individuals
who provide information during the
course of an investigation, Federal law
enforcement agencies, and external and
internal inquiries.
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)(4)(H), (e)(4)(I) and (f),
to the extent that disclosure would
reveal the identity of a source who
furnished information to the Federal
Government under an express promise
that his or her identity would be held
in confidence.
Dated: December 28, 2011.
Edward J. DeMarco,
Acting Director, Federal Housing Finance
Agency.
[FR Doc. 2011–33794 Filed 1–4–12; 8:45 am]
BILLING CODE 8070–01–P
SYSTEM MANAGER(S) AND ADDRESS:
Office of Human Resources
Management, Federal Housing Finance
Agency, 1625 Eye Street NW.,
Washington, DC 20006.
NOTIFICATION PROCEDURE:
emcdonald on DSK5VPTVN1PROD with NOTICES
Direct inquiries as to whether this
system contains a record pertaining to
an individual to the Privacy Act Officer,
Federal Housing Finance Agency, 1700
G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record
to the Privacy Act Officer, Federal
Housing Finance Agency, 1700 G Street
NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the
procedures set forth in 12 CFR part
1204.
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14:51 Jan 04, 2012
Jkt 226001
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
Frm 00037
Fmt 4703
Sfmt 4703
By Order of the Federal Maritime
Commission.
Dated: December 30, 2011.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2011–33808 Filed 1–4–12; 8:45 am]
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. Copies of the
agreements are available through the
Commission’s Web site (www.fmc.gov)
or by contacting the Office of
Agreements at (202) 523–5793 or
tradeanalysis@fmc.gov.
Agreement No.: 011707–008.
Title: Gulf/South America Discussion
Agreement.
Parties: BBC Chartering & Logistic
GMBH & Co. KG; Industrial Maritime
PO 00000
Carriers LLC; Seaboard Marine, Ltd.;
and West Coast Industrial Express, LLC.
Filing Party: Wade S. Hooker, Esq.;
211 Central Park W; New York, NY
10024.
Synopsis: The amendment removes
West Coast Industrial Express as a party
to the agreement.
Agreement No.: 012115–001.
Title: HSDG–CCNI USWC–Europe
Vessel Sharing Agreement.
Parties: Compania Chilena De
Navegacion Interoceanica, S.A and
Hamburg Sudamerikanische
Dampfschiffahrts-Gesellschaft KG.
Filing Party: Wade S. Hooker, Esq.;
211 Central Park W; New York, NY
10024.
Synopsis: The amendment deletes
Europe, Canada, Panama, and portions
of the U.S. West Coast from the
geographic scope of the agreement,
reduces the number of vessels to be
operated by the parties, revises the
space allocations of the parties, and
renames and restates the agreement.
Agreement No.: 012149.
Title: MSC/CMA CGM U.S. East
Coast-West Coast South America Space
Charter Agreement.
Parties: MSC Mediterranean Shipping
Company, S.A. and CMA CGM, S.A.
Filing Party: Marc J. Fink, Esquire;
Cozen O’Connor; 1627 I Street NW.,
Suite 1100; Washington, DC 20006–
4007.
Synopsis: The agreement authorizes
Med Shipping to charter space to CMA
in the trade between the U.S. East Coast
and the Bahamas, on the one hand, and
the West Coast of South America, on the
other.
BILLING CODE 6730–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier OS–0990–New; 30-day
notice]
Agency Information Collection
Request. 30-Day Public Comment
Request
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
AGENCY:
E:\FR\FM\05JAN1.SGM
05JAN1
]]>Agencies
[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 499-506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33794]
=======================================================================
-----------------------------------------------------------------------
FEDERAL HOUSING FINANCE AGENCY
[No. 2011-N-14]
Privacy Act of 1974; System of Records
AGENCY: Federal Housing Finance Agency.
[[Page 500]]
ACTION: Notice of the establishment of new systems of records and
removal of existing systems of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended (Privacy Act), the Federal Housing Finance Agency
(FHFA) gives notice of the proposed establishment of three new Privacy
Act systems of records and the removal of four existing Privacy Act
systems of records.
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 Office of Federal Housing
Enterprise Oversight (OFHEO) and the Federal Housing Finance Board
(FHFB). Proposed systems (FHFA-14) and (FHFA-15) will replace OFHEO
systems ``OFHEO-2 Pay and Leave System'' and ``OFHEO-6 Emergency
Contingency Plan and Personnel Locator System,'' and FHFB system
``FHFB-1 Employee Attendance Records.'' Proposed system (FHFA-16) will
replace FHFB system ``FHFB-5 Personnel Investigative Records.''
FHFA has previously published a system of records notice
(``Financial Management System'' (FHFA-2), 74 FR 31949 (July 6, 2009));
however, in publishing that notice, FHFA did not explicitly state that
OFHEO and FHFB system of records notices were being replaced. Notice is
hereby given that the systems of records notice ``OFHEO-1 Financial
Management System'' and ``FHFB-2 General Travel and Transportation
Files'' have been replaced by ``Financial Management System'' (FHFA-2).
Upon the effective date of this notice, the replaced OFHEO system,
``OFHEO-1'' published at 63 FR 9007 (February 23, 1998) and ``FHFB-2''
as amended at 71 FR 61053 (October 17, 2006) will be removed.
In addition, upon the effective date of this notice, the replaced
FHFB systems, ``FHFB-1'' published at 60 FR 46120 (September 5, 1995),
as amended at 62 FR 66865 (December 22, 1997) and 71 FR 61052 (October
17, 2006), and ``FHFB-5'' (originally published as ``FHFB-7 Agency
Personnel Investigative Records'' at 60 FR 46120 (September 5, 1995)),
as amended at 64 FR 14920 (March 29, 1999), 68 FR 39947 (July 3, 2003),
and 71 FR 61052 (October 17, 2006); and the replaced OFHEO systems,
``OFHEO-2'' published at 63 FR 9007 (February 23, 1998), and ``OFHEO-
6'' published at 71 FR 6085 (February 6, 2006) will be removed.
DATES: The addition of these new systems of records will become
effective February 14, 2012 without further notice unless comments
necessitate otherwise. FHFA will publish a new notice if the effective
date is delayed in order to review comments or if changes are made
based on comments received. To be assured of consideration, comments
must be received on or before February 6, 2012.
ADDRESSES: Submit comments only once, identified by ``2011-N-14,''
using any one of the following methods:
Email: Comments to Alfred M. Pollard, General Counsel, may
be sent by email to RegComments@fhfa.gov. Please include ``2011-N-14''
in the subject line of the message.
Federal eRulemaking Portal: https://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 RegComments@fhfa.gov to ensure timely receipt by FHFA.
Please include ``2011-N-14'' in the subject line of the message.
U.S. Mail, United Parcel Service, Federal Express, or
Other Mail Service: The mailing address for comments is: Alfred M.
Pollard, General Counsel, Attention: Comments/2011-N-14, Federal
Housing Finance Agency, 1700 G Street NW., Washington, DC 20552. Please
note that all mail sent to the FHFA via the U.S. Postal Service is
routed through a national irradiation facility, a process that may
delay delivery by approximately two weeks. For any time-sensitive
correspondence, please plan accordingly.
Hand Delivered/Courier: The hand delivery address is:
Alfred M. Pollard, General Counsel, Attention: Comments/2011-N-14,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552. The package should be logged at the Guard's Desk, First Floor,
on business days between 9 a.m. to 5 p.m.
See SUPPLEMENTARY INFORMATION for additional information on
submission and posting of comments.
FOR FURTHER INFORMATION CONTACT: Stacy Easter, Privacy Act Officer,
privacy@fhfa.gov or (202) 414-3762, or David A. Lee, Senior Agency
Official for Privacy, privacy@fhfa.gov or (202) 414-3804 (not toll free
numbers), Federal Housing Finance Agency, 1700 G Street NW., Washington
DC 20552. The telephone number for the Telecommunications Device for
the Deaf is (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Comments
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 https://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 between the hours of 10 a.m.
and 3 p.m., at the Federal Housing Finance Agency, Fourth Floor, 1700 G
Street NW., Washington, DC 20552. To make an appointment to inspect
comments, please call the Office of General Counsel at (202) 414-6924.
II. Introduction
This notice satisfies the Privacy Act requirement that an agency
publish a system of records notice in the Federal Register when there
is an addition to the agency's system of records. Congress has
recognized that application of all requirements of the Privacy Act to
certain categories of records may have an undesirable and often
unacceptable effect upon agencies in the conduct of necessary public
business. Consequently, Congress established general exemptions and
specific exemptions that could be used to exempt records from
provisions of the Privacy Act. Congress also required that exempting
records from provisions of the Privacy Act would require the head of an
agency to publish a determination to exempt a record from the Privacy
Act as a rule in accordance with the Administrative Procedure Act. The
Director of FHFA has determined that records and information in these
three new systems of records are not exempt from the requirements of
the Privacy Act.
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
February 8, 1996 (61 FR 6427, 6435 February 20, 1996), FHFA has
submitted a report describing the three new systems of records covered
by this notice to the Committee on Oversight and Government Reform of
the House of Representatives, the Committee on
[[Page 501]]
Homeland Security and Governmental Affairs of the Senate, and the
Office of Management and Budget.
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 (February 6, 2006).
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;
Social Security number; organization code; pay rate; salary; grade;
length of service; pay and leave records; source documents for posting
time and leave attendance; and deductions for Medicare; Old-Age,
Survivors, and Disability Insurance (also known as Social Security);
bonds; Federal Employee Group Life Insurance; union dues; taxes;
allotments; retirement; charities; Federal Government and commercial
health benefits; Flexible Spending Account; Long Term Care Insurance;
Thrift Savings Plan contributions; 401k plan contributions; awards;
shift schedules; pay differential; tax lien data; wage garnishments;
and any other information pertaining to payroll, retirement, time and
attendance, and leave. This proposed system of records will replace the
systems of records issued by FHFA's predecessor agencies, FHFB and
OFHEO. The replaced FHFB system ``FHFB-1 Employee Attendance Records''
was published at 60 FR 46120 (September 5, 1995), as amended at 62 FR
66865 (December 22, 1997), and at 71 FR 61052 (October 17, 2006), and
the OFHEO system, ``OFHEO-2 Pay and Leave System,'' was published at 63
FR 9007 (February 23, 1998).
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; Social Security number; information about family
members; information about references; types and dates of
investigations; investigative reports; dates, levels and types of
clearances; and other information pertinent to granting or denying a
security clearance or making a suitability determination. This proposed
system of records will replace the system of records issued by FHFA's
predecessor agency FHFB. The replaced FHFB system, ``FHFB-5 Personnel
Investigative Records,'' was originally published at 60 FR 46120
(September 5, 1995--originally published as ``FHFB-7 Agency Personnel
Investigative Records''), as amended at 62 FR 66865 (December 22,
1997), 68 FR 39947 (July 3, 2003), and 71 FR 61052 (October 17, 2006).
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:
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552; 1625 Eye Street NW., Washington, DC 20006; 1750 Pennsylvania
Avenue NW., Washington, DC 20006; and any alternate work site utilized
by employees of the Federal Housing Finance Agency (FHFA) or by
individuals assisting such employees.
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 November 18, 1988.
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
Department of Homeland Security, weather related emergencies, or other
critical situations that disrupt the operations and accessibility of a
worksite. The system also provides for personnel accountability during
an emergency, through personnel sign-in and rapid alert and
notification.
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
[[Page 502]]
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 Congress to render advice and recommendations to FHFA or to
Congress, to be used solely in connection with their official,
designated functions.
(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 Department of Justice when (a) FHFA, or any component
thereof; or (b) any employee of FHFA in his or her official capacity;
or (c) any employee of the agency in his or her individual capacity
where the Department of Justice or FHFA has agreed to represent the
employee; or (d) the United States, where FHFA determines that
litigation is likely to affect FHFA or any of its components, is a
party to the litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or FHFA is deemed by
FHFA to be relevant and necessary to the litigation provided, however,
that in each case it has been determined that the disclosure is
compatible with the purpose for which the records were collected.
(8) To a Member of Congress, to a Congressional staff member or to
a Congressional Committee in response to an inquiry from the Member of
Congress, the Congressional staff member or Congressional Committee
made at the written request of the individual about whom the record is
maintained.
(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 Office of Management and Budget and the General
Accountability Office when relevant and necessary to carry out their
responsibilities or to perform other functions within their
jurisdiction.
(13) To the Office of the Inspector General for investigating
allegations of abuse or misconduct, or to perform other functions
within the jurisdiction of the Office of the Inspector General.
(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 Department of
Homeland Security threat alerts, weather related emergencies, or other
critical situations.
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 National Archives and Records Administration General
Records Schedules and FHFA Records Retention and Disposition Schedules.
Disposal is by shredding or other appropriate disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of the Deputy Chief Operating Officer, Federal Housing
Finance Agency, 1625 Eye Street NW., Washington, DC 20006.
NOTIFICATION PROCEDURES:
Direct inquiries as to whether this system contains a record
pertaining to an individual to the Privacy Act Officer, Federal Housing
Finance Agency, 1700 G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the procedures set forth in 12 CFR
part 1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552, or privacy@fhfa.gov in accordance with the procedures set forth
in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a
record to the Privacy Act Appeals Officer, Federal Housing Finance
Agency, 1700 G Street NW., Washington, DC 20552, or privacy@fhfa.gov in
accordance with the procedures set forth in 12 CFR part 1204.
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: Federal Housing Finance
Agency (FHFA), 1625 Eye Street NW., Washington, DC 20006;
(2) Notices of personnel action and other pay-related records:
Government Employees Services Division, National Finance Center, U.S.
Department of Agriculture, Attn: CS-0106, P.O. Box 60000, New Orleans,
LA 70160-0001;
(3) Retired official personnel files: National Archives and Records
[[Page 503]]
Administration, National Personnel Records Center (Civilian Personnel
Records Center), 1411 Boulder Boulevard, Valmeyer, IL 62295; and
(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; Social Security number; organization code;
pay rate; salary; grade; length of service; pay and leave records;
source documents for posting time and attendance; and deductions for
Medicare; Old-Age, Survivors, and Disability Insurance (also known as
Social Security); bonds; Federal Employee Group Life Insurance; union
dues; taxes; allotments; retirement; charities; Federal Government and
commercial health benefits; Flexible Spending Account; Long Term Care
Insurance; Thrift Savings Plan contributions; 401k plan contributions;
awards; shift schedules; pay differential; tax lien data; and wage
garnishments; and any other information pertaining to payroll,
retirement, time and attendance, and leave. The payroll, retirement,
and leave records described in this notice form a part of the
information contained in the National Finance Center's integrated
Personnel and Payroll System (PPS). Personnel records contained in PPS
are covered under the government-wide systems of records notice
published by the Office of Personnel Management (OPM/GOVT-1 and OPM/
GOVT-5).
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 Stat. 2654
(2008).
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 Department of Treasury and the Office of
Personnel Management; and to locate FHFA employees and determine such
matters as their period of service, type of leave, qualifications,
benefits, and pay.
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 Congress to render advice and recommendations to FHFA or to
Congress, to be used solely in connection with their official,
designated functions.
(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 Department of Justice when (a) FHFA, or any component
thereof; or (b) any employee of FHFA in his or her official capacity;
or (c) any employee of the agency in his or her individual capacity
where the Department of Justice or FHFA has agreed to represent the
employee; or (d) the United States, where FHFA determines that
litigation is likely to affect FHFA or any of its components, is a
party to the litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or FHFA is deemed by
FHFA to be relevant and necessary to the litigation provided, however,
that in each case it has been determined that the disclosure is
compatible with the purpose for which the records were collected.
(8) To a Member of Congress, to a Congressional staff member or to
a Congressional Committee in response to an inquiry from the Member of
Congress, the Congressional staff member or Congressional Committee
made at the written request of the individual about whom the record is
maintained.
(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.
[[Page 504]]
(12) To the Office of Management and Budget and the General
Accountability Office when relevant and necessary to carry out their
responsibilities or to perform other functions within their
jurisdiction.
(13) To the Office of the Inspector General for investigating
allegations of abuse or misconduct, or to perform other functions
within the jurisdiction of the Office of the Inspector General.
(14) To the Department of Agriculture, National Finance Center to
provide personnel, payroll, and related services and systems involving
FHFA employees.
(15) To the Department of the Treasury, Bureau of the Public Debt
to provide financial management services and systems, including local
and temporary duty travel, involving FHFA employees.
(16) To the Internal Revenue Service and appropriate State and
local taxing authorities.
(17) To appropriate Federal agencies to effect salary or
administrative offsets, or for other purposes connected with the
collection of debts owed to the United States.
(18) To the Office of Child Support Enforcement, Administration for
Children and Families, Department of Health and Human Services for the
purpose of locating individuals to establish paternity, establish and
modify orders of child support enforcement actions as required by the
Personal Responsibility and Work Opportunity Reconciliation Act, the
Federal Parent Locator System and the Federal Tax Offset System.
(19) To the Office of Child Support Enforcement for release to the
Social Security Administration for verifying Social Security numbers in
connection with the operation of the Federal Parent Locator System by
the Office of Child Support Enforcement.
(20) To the Office of Child Support Enforcement for release to the
Department of Treasury for purposes of administering the Earned Income
Tax Credit Program and verifying a claim with respect to employment in
a tax return.
(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, Social Security
number, birth date, 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 National Archives and Records Administration General
Records Schedules and FHFA Records Retention and Disposition Schedules.
Disposal is by shredding or other appropriate disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Human Resources Management, Federal Housing Finance
Agency, 1625 Eye Street NW., Washington, DC 20006.
NOTIFICATION PROCEDURE:
Direct inquiries as to whether this system contains a record
pertaining to an individual to the Privacy Act Officer, Federal Housing
Finance Agency, 1700 G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the procedures set forth in 12 CFR
part 1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552, or privacy@fhfa.gov in accordance with the procedures set forth
in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a
record to the Privacy Act Appeals Officer, Federal Housing Finance
Agency, 1700 G Street NW., Washington, DC 20552, or privacy@fhfa.gov in
accordance with the procedures set forth in 12 CFR part 1204.
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 Office of Human Resources
Management.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FHFA-16
SYSTEM NAME:
Personnel Investigative Records.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATIONS:
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552; 1625 Eye Street NW., Washington, DC 20006; 1750 Pennsylvania
Avenue NW., Washington, DC 20006; and any alternate work site utilized
by employees of the Federal Housing Finance Agency (FHFA) or by
individuals assisting such employees. For administrative purposes,
duplicate systems may exist within FHFA at the duty station of each
employee. For background investigations adjudicated by the Department
of State (DOS) or the Office of Personnel Management (OPM), DOS and OPM
may retain copies of those files pursuant to their records retention
schedules.
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.
[[Page 505]]
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, Social Security number,
information about family members, information about references, types
and dates of investigations, investigative reports (including those
from Federal and State law enforcement agencies, DOS, Department of
Defense, OPM, and other federal entities), dates, levels and types of
clearances, and any other information pertinent to granting or denying
a security clearance or making a suitability determination.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 10450, Security Requirements for Government
Employment, dated April 27, 1953; and Executive Order 12958, Classified
National Security Information, dated April 17, 1995.
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 Congress to render advice and recommendations to FHFA or to
Congress, to be used solely in connection with their official,
designated functions.
(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 Department of Justice when (a) FHFA, or any component
thereof; or (b) any employee of FHFA in his or her official capacity;
or (c) any employee of the agency in his or her individual capacity
where the Department of Justice or FHFA has agreed to represent the
employee; or (d) the United States, where FHFA determines that
litigation is likely to affect FHFA or any of its components, is a
party to the litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or FHFA is deemed by
FHFA to be relevant and necessary to the litigation provided, however,
that in each case it has been determined that the disclosure is
compatible with the purpose for which the records were collected.
(8) To a Member of Congress, to a Congressional staff member or to
a Congressional Committee in response to an inquiry from the Member of
Congress, the Congressional staff member or Congressional Committee
made at the written request of the individual about whom the record is
maintained.
(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 Office of Management and Budget and the General
Accountability Office when relevant and necessary to carry out their
responsibilities or to perform other functions within their
jurisdiction.
(13) To the Office of the Inspector General for investigating
allegations of abuse or misconduct, or to perform other functions
within the jurisdiction of the Office of the Inspector General.
(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.
[[Page 506]]
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, Social Security
number, date of birth, 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 National Archives and Records Administration General
Records Schedules and FHFA Records Retention and Disposition Schedules.
Disposal is by shredding or other appropriate disposal systems.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Human Resources Management, Federal Housing Finance
Agency, 1625 Eye Street NW., Washington, DC 20006.
NOTIFICATION PROCEDURE:
Direct inquiries as to whether this system contains a record
pertaining to an individual to the Privacy Act Officer, Federal Housing
Finance Agency, 1700 G Street NW., Washington, DC 20552, or
privacy@fhfa.gov in accordance with the procedures set forth in 12 CFR
part 1204.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
Federal Housing Finance Agency, 1700 G Street NW., Washington, DC
20552, or privacy@fhfa.gov in accordance with the procedures set forth
in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a
record to the Privacy Act Appeals Officer, Federal Housing Finance
Agency, 1700 G Street NW., Washington, DC 20552, or privacy@fhfa.gov in
accordance with the procedures set forth in 12 CFR part 1204.
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 Office of Personnel Management and
Departments of State and Defense investigative files, employment
information maintained by FHFA's personnel office, current and former
FHFA employees, other individuals who provide information during the
course of an investigation, Federal law enforcement agencies, and
external and internal inquiries.
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)(4)(H),
(e)(4)(I) and (f), to the extent that disclosure would reveal the
identity of a source who furnished information to the Federal
Government under an express promise that his or her identity would be
held in confidence.
Dated: December 28, 2011.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2011-33794 Filed 1-4-12; 8:45 am]
BILLING CODE 8070-01-P
