Privacy Act of 1974; Systems of Records, 66709-66712 [2013-26574]

Agencies

• FEDERAL HOUSING FINANCE AGENCY

[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66709-66712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26574]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2013-N-15]


Privacy Act of 1974; Systems of Records

AGENCY: Federal Housing Finance Agency.

ACTION: Notice of proposed revision of an existing system of records 
and establishment of a new system of records.

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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 and requests comments on the proposed revision 
of an existing Privacy Act system of records and the establishment of a 
new system of records. The revised system, ``Photographic Files'' 
(FHFA-5), contains photographic materials, in print and electronic 
format, related to FHFA staff and events, and will be newly named 
``Photographic, Video, Voice, and Similar Files.'' The proposed new 
system, ``Online Forms'' (FHFA-22), will contain records related to 
members of the public.

DATES: The effective date of the notice is December 16, 2013 unless 
comments necessitate otherwise. FHFA will publish a new notice if, in 
order to review comments, the effective date is delayed or if changes 
are made based on comments received. To be assured of consideration, 
comments must be received on or before December 6, 2013.

ADDRESSES: Submit comments only once, identified by ``2013-N-15,'' 
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 ``2013-N-15,'' 
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 ``2013-N-15,'' 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/2013-N-15, Federal 
Housing Finance Agency, 400 Seventh Street SW., Washington, DC 20024. 
Please note that all mail sent to 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/2013-N-15, 
Federal Housing Finance Agency, 400 Seventh Street SW., Washington, DC 
20024. Deliver the package to the Seventh Street entrance Guard 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 J. Easter, Privacy Act Officer, 
privacy@fhfa.gov or (202) 649-3803, or David A. Lee, Senior Agency 
Official for Privacy, privacy@fhfa.gov or (202) 649-3803 (not toll-free 
numbers), Federal Housing Finance Agency, Eighth Floor, 400 Seventh 
Street SW., Washington, DC 20024. The telephone number for the 
Telecommunications Device for the Deaf is (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Comments

    FHFA seeks public comments on the revised and proposed systems of 
records, and will take all comments into consideration. See 5 U.S.C. 
552a(e)(4) and (11). In addition to referencing ``Comments/2013-N-15,'' 
please reference the title and the system of records number your 
comment addresses.
    All comments received will be posted without change on the FHFA Web 
site at https://www.fhfa.gov, and will include any personal information 
you provide, such as name, address (mailing and email), and telephone 
numbers. In addition, copies of all comments received will be available 
for public inspection on business days between the hours of l0 a.m. and 
3 p.m., at the Federal Housing Finance Agency, 400 Seventh Street SW., 
Washington, DC 20024. To make an appointment to inspect comments, 
please call the Office of General Counsel at (202) 649-3804.

II. Introduction

    This notice satisfies the Privacy Act requirement that an agency 
publishes a system of records notice in the Federal Register when there 
is an addition or change to an agency's systems 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 
Acting Director of FHFA has determined that records and information in 
these two 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 systems of records covered by this 
notice to the Committee on Oversight and Government Reform of the House 
of Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget.

III. Proposed Systems of Records

    The system of records ``Photographic Files'' (FHFA-5) is being 
revised to update the system name, address new categories of 
individuals covered, address new records that will be collected, and 
make non-substantive edits. The system's new name will be 
``Photographic, Video, Voice, and Similar Files.'' The system contains 
photographs including hardcopy and electronic images, video, audio, 
names, date of visit, participation in events and programs, and 
biographies of speakers, trainers, and others. FHFA uses these 
photographic records for distribution and reproduction in agency 
documents and communications such as reports, agency plans, training 
materials, press releases, briefing materials, research documents, 
newsletters, and presentations.

[[Page 66710]]

    The proposed new system ``Online Forms'' (FHFA-22) will contain 
information submitted by individuals or their representatives, to FHFA. 
FHFA will use this information to communicate with and respond to 
individuals who submit a form online with FHFA.
    The revised and proposed systems of records notices are set out in 
their entirety and described in detail below.
FHFA-5

SYSTEM NAME:
    Photographic, Video, Voice, and Similar Files.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Federal Housing Finance Agency, 400 Seventh Street SW., Washington, 
DC 20024.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former Federal Housing Finance Agency (FHFA) employees 
and contractor personnel; visitors from Federal, state, or local 
agencies; speakers; trainers; employees of FHFA's regulated entities; 
congressional staff; the press, trade and academic organizations; and 
members of the public.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records contain photographs including hardcopy and electronic 
images, video, audio, names, date of visit, participation in events and 
programs, and biographies of speakers, trainers, and others.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system is established and maintained pursuant to 12 U.S.C. 
4513.

PURPOSE(S):
    FHFA uses these records for reproduction in agency documents and 
communications such as reports, agency plans, training materials, press 
releases, briefing materials, research documents, newsletters, 
announcements, promotional materials presentations, educational 
programs, FHFA's internal and external Web sites, social media sites, 
and at FHFA-sponsored events such as meetings, conferences, seminars, 
tributes, receptions, and ceremonies.

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, these records or information contained 
herein may specifically be disclosed outside FHFA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) 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, tribal, foreign or a 
financial regulatory organization that are charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing a 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 
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 and is related to the purpose for which FHFA 
collected the records.
    (6) To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    (7) To contractor personnel, grantees, volunteers, interns, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or project for FHFA.
    (8) To a court, magistrate, or administrative tribunal in the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, or 
settlement negotiations, or in connection with criminal law 
proceedings, or in response to a subpoena from a court of competent 
jurisdiction.
    (9) To the Office of Management and Budget, Department of Justice 
(DOJ), Department of Labor, Office of Personnel Management, Equal 
Employment Opportunity Commission, Office of Special Counsel, 
Department of Homeland Security, or other Federal agencies to obtain 
advice regarding statutory, regulatory, policy, and other requirements 
related to the purpose for which FHFA collected the records.
    (10) To DOJ (including United States Attorney Offices) or other 
Federal agencies conducting litigation or in proceedings before any 
court, or adjudicative or administrative body, when it is necessary to 
the litigation and one of the following is a party to the litigation or 
has an interest in such litigation:
    1. FHFA;
    2. Any employee of FHFA in his/her official capacity;
    3. Any employee of FHFA in his/her individual capacity where DOJ or 
FHFA has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and FHFA determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which FHFA 
collected the records.
    (11) To the National Archives and Records Administration or other 
Federal agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (12) To a Federal agency, organization, or individual for the 
purpose of performing audit or oversight operations as authorized by 
law, but only such information as is necessary and relevant to such 
audit or oversight function.

[[Page 66711]]

    (13) To Fannie Mae, Freddie Mac, or a Federal Home Loan Bank as it 
relates to the purpose for which FHFA collected the records.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored on hardcopy and electronic media.

RETRIEVABILITY:
    By name, photograph, video file, audio file, date of event, name of 
event, or program.

SAFEGUARDS:
    Records are maintained in controlled access areas. Buildings where 
records are stored have security cameras and 24-hour security guard 
service. Electronic records are protected by restricted access 
procedures, including user identifications and passwords. Only FHFA 
staff whose official duties require access are allowed to view, 
administer, and control these records.

RETENTION AND DISPOSAL:
    Records are maintained and disposed of in accordance with the 
appropriate National Archives and Records Administration General 
Records Schedules and FHFA Records Retention and Disposition Schedules. 
Records are disposed of according to accepted techniques.

SYSTEM MANAGER(S) AND ADDRESS:
    Office of Congressional Affairs and Communications, 400 Seventh 
Street SW., Washington, DC 20024.

NOTIFICATION PROCEDURES:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Officer. Inquiries may 
either be mailed to the Privacy Act Officer, Federal Housing Finance 
Agency, 400 Seventh Street SW., Washington, DC 20024, or submitted 
electronically at https://www.fhfa.gov/Default.aspx?Page=236 in 
accordance with the procedures set forth in 12 CFR part 1204.

RECORD ACCESS PROCEDURES:
    Direct requests for access to the Privacy Act Officer. Requests may 
either be mailed to the Privacy Act Officer, Federal Housing Finance 
Agency, 400 Seventh Street SW., Washington, DC 20024, or submitted 
electronically at https://www.fhfa.gov/Default.aspx?Page=236 in 
accordance with the procedures set forth in 12 CFR part 1204.

CONTESTING RECORD PROCEDURES:
    Direct requests to contest or appeal an adverse decision for a 
record to the Privacy Act Appeals Officer. Appeals may either be mailed 
to the Privacy Act Appeals Officer, Federal Housing Finance Agency, 400 
Seventh Street SW., Washington, DC 20024, or submitted electronically 
at https://www.fhfa.gov/Default.aspx?Page=236 in accordance with the 
procedures set forth in 12 CFR part 1204.

RECORD SOURCE CATEGORIES:
    Information is provided by the subject of the record, authorized 
representatives, supervisors, employers, other employees, other 
Federal, state, or local agencies, and commercial entities.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
FHFA-22

SYSTEM NAME:
    Online Forms.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Federal Housing Finance Agency, 400 Seventh Street SW., Washington, 
DC 20024, and any alternate work site utilized by employees of the 
Federal Housing Finance Agency (FHFA) or individuals assisting such 
employees.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who contact FHFA with questions, comments, to file a 
complaint or appeal, to request or provide information, to request 
consumer assistance, to respond to a proposed rule, or who wish to 
conduct business with FHFA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records contain the following information about an individual who 
submits a form on FHFA's Web site: Name, address, telephone number, fax 
number, email address, property information, borrower information, 
organization name and type, government agency name and type, job 
position, and representative of submitter; correspondence and records 
of communication between FHFA and individuals submitting information, 
including copies of supporting documents; information regarding a 
company wishing to do business with FHFA (i.e., company name, address, 
telephone number, Web site address, description of supplies or services 
offered, years of experience, DUNS, GSA, NAICS and GWAC number, 
organization affiliations, special category status, and past 
performance references), and related information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system is established and maintained pursuant to 12 U.S.C. 
4513.

PURPOSE(S):
    FHFA uses the records in this system to communicate with 
individuals who submit a form online with FHFA. The forms will allow 
FHFA to respond to complaints, appeals, inquires and requests for 
information; to review and post comments on proposed rules/regulations; 
to review feedback received on FHFA proposed or implemented 
initiatives; and to compile a list of potential vendors and 
contractors. The forms will also assist FHFA and those who will respond 
to the submitter with consumer issues involving Fannie Mae, Freddie 
Mac, and the Federal Home Loan Banks.

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, these records or information contained 
herein may specifically be disclosed outside FHFA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) 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,

[[Page 66712]]

tribal, foreign or a financial regulatory organization charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing a 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 
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 and is related to the purpose for which FHFA 
collected the records.
    (6) To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    (7) To contractor personnel, grantees, volunteers, interns, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or project for FHFA.
    (8) To a court, magistrate, or administrative tribunal in the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, or 
settlement negotiations, or in connection with criminal law 
proceedings, or in response to a subpoena from a court of competent 
jurisdiction.
    (9) To the Office of Management and Budget, Department of Justice 
(DOJ), Department of Labor, Office of Personnel Management, Equal 
Employment Opportunity Commission, Office of Special Counsel, 
Department of Homeland Security, or other Federal agencies to obtain 
advice regarding statutory, regulatory, policy, and other requirements 
related to the purpose for which FHFA collected the records.
    (10) To DOJ, (including United States Attorney Offices), or other 
Federal agency conducting litigation or in proceedings before any 
court, or adjudicative or administrative body, when it is necessary to 
the litigation and one of the following is a party to the litigation or 
has an interest in such litigation:
    1. FHFA;
    2. Any employee of FHFA in his/her official capacity;
    3. Any employee of FHFA in his/her individual capacity where DOJ or 
FHFA has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and FHFA determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which FHFA 
collected the records.
    (11) To the National Archives and Records Administration (NARA) or 
other Federal agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (12) To a Federal agency, organization, or individual for the 
purpose of performing audit or oversight operations as authorized by 
law, but only such information as is necessary and relevant to such 
audit or oversight function.
    (13) To Fannie Mae, Freddie Mac, or the Federal Home Loan Banks as 
it relates to the purpose for which FHFA collected the record.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic format and stored in a 
computerized database.

RETRIEVABILITY:
    Records may be retrieved by name, address, or some other unique 
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 the 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:
    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 system.

SYSTEM MANAGER(S) AND ADDRESS:
    Office of Congressional Affairs and Communications, 400 Seventh 
Street SW., Washington, DC 20024.

NOTIFICATION PROCEDURES:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Officer. Inquiries may 
either be mailed to the Privacy Act Officer, Federal Housing Finance 
Agency, 400 Seventh Street SW., Washington, DC 20024, or submitted 
electronically at https://www.fhfa.gov/Default.aspx?Page=236 in 
accordance with the procedures set forth in 12 CFR part 1204.

RECORD ACCESS PROCEDURES:
    Direct requests for access to the Privacy Act Officer. Requests may 
either be mailed to the Privacy Act Officer, Federal Housing Finance 
Agency, 400 Seventh Street SW., Washington, DC 20024, or submitted 
electronically at https://www.fhfa.gov/Default.aspx?Page=236 in 
accordance with the procedures set forth in 12 CFR part 1204.

CONTESTING RECORD PROCEDURES:
    Direct requests to contest or appeal an adverse decision for a 
record to the Privacy Act Appeals Officer. Appeals may either be mailed 
to the Privacy Act Appeals Officer, Federal Housing Finance Agency, 400 
Seventh Street SW., Washington, DC 20024, or submitted electronically 
at https://www.fhfa.gov/Default.aspx?Page=236 in accordance with the 
procedures set forth in 12 CFR part 1204.

RECORD SOURCE CATEGORIES:
    Information is provided by the subject of the record or an 
authorized representative.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: October 31, 2013.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2013-26574 Filed 11-5-13; 8:45 am]
BILLING CODE 8070-01-P