Privacy Act of 1974; Systems of Records, 52902-52905 [2017-24727]

Agencies

• FEDERAL HOUSING FINANCE AGENCY

[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52902-52905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24727]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2017-N-09]


Privacy Act of 1974; Systems of Records

AGENCY: Federal Housing Finance Agency.

ACTION: Notice 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 a new proposed Privacy Act system of records. 
The new proposed

[[Page 52903]]

system is: Applicant Tracking System (FHFA-25). The Applicant Tracking 
System will be used by FHFA to post and publicize mission critical 
occupation job openings using FHFA's authority to hire examiners, 
accountants, economists, and specialists in financial markets and in 
technology. The System will be used to receive, store, and process 
resumes, applications, curriculum vitaes, and similar documents 
received in response to mission critical occupation job openings, and 
recruiting and outreach events. In addition, the System will be used to 
track applicants for such positions.

DATES: To be assured of consideration, comments must be received on or 
before December 15, 2017. This new system of records will become 
effective on December 15, 2017 without further notice unless comments 
necessitate otherwise. FHFA will publish a new notice if the effective 
date is delayed to review comments or if changes are made based on 
comments received.

ADDRESSES: Submit comments to FHFA, identified by ``2017-N-09,'' using 
any one of the following methods:
     Agency Web site: www.fhfa.gov/open-for-comment-or-input.
     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 the agency. 
Please include ``Comments/No. 2017-N-09'' in the subject line of the 
message.
     Hand Delivered/Courier: The hand delivery address is: 
Alfred M. Pollard, General Counsel, Attention: Comments/No. 2017-N-09, 
Federal Housing Finance Agency, 400 7th Street SW., Eighth Floor, 
Washington, DC 20219. The package should be delivered to the 7th Street 
entrance Guard Desk, First Floor, on business days between 9 a.m. and 5 
p.m.
     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/No. 2017-N-09, Federal 
Housing Finance Agency, 400 7th Street SW., Eighth Floor, Washington, 
DC 20219.
    See SUPPLEMENTARY INFORMATION for additional information on 
submission and posting of comments.

FOR FURTHER INFORMATION CONTACT: Moji Adelekan, Senior Human Resources 
Specialist at (202) 649-3745; or David A. Lee, Senior Agency Official 
for Privacy, privacy@fhfa.gov, 202-649-3803 (not toll free numbers), 
Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 
20219. The telephone number for the Telecommunications Device for the 
Deaf is 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Comments

    Instructions: FHFA seeks public comments on the proposed new system 
of records and will take all comments into consideration before issuing 
the final notice. See 5 U.S.C. 552a(e)(4) and (11). In addition to 
referencing ``Comments/No. 2017-N-09,'' please reference the title and 
number of the system of records your comment addresses: ``Applicant 
Tracking System (FHFA-25).''
    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, such 
as your name, address (home and email), telephone number, and any other 
information you provide. 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, 400 7th Street SW., Washington, DC 20219. To make an 
appointment to inspect comments, please call the Office of General 
Counsel at (202) 649-3804.

II. Introduction

    This notice informs the public of FHFA's proposal to establish and 
maintain a new system of records. The proposed new system is being 
established under FHFA's authority at 12 U.S.C. 4517(h) to hire for 
mission critical occupation jobs such as examiners, accountants, 
economists, and specialists in financial markets and in technology. 
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 systems of records. It has been 
recognized by Congress 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 Procedures Act. The 
Director of FHFA has determined that records and information in this 
new system of records is not exempt from requirements of the Privacy 
Act.
    As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to 
section 7 of OMB Circular No. A-108, ``Federal Agency Responsibilities 
for Review, Reporting, and Publication under the Privacy Act,'' dated 
December 23, 2016 (81 FR 94424 (Dec. 23, 2016)), prior to publication 
of this notice, FHFA submitted a report describing the new system of 
records covered by this notice to the Office of Management and Budget, 
the Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate.
    The proposed new system of records described above is set forth in 
its entirety below.
SYSTEM NAME AND NUMBER:
    Applicant Tracking System, FHFA-25.

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 
20219; Acendre Inc., 4350 Fairfax Drive, Suite 400, Arlington, VA 
22203-1632; and any alternate site used by Federal Housing Finance 
Agency (FHFA) employees, or individuals, including contractors, 
assisting such employees.

SYSTEM MANAGER(S):
    Office of Human Resources Management, Federal Housing Finance 
Agency, 400 7th Street SW., Washington, DC 20219.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 4515 and 12 U.S.C. 4517(h).

PURPOSE(S) OF THE SYSTEM:
    The Applicant Tracking System will be used by FHFA to post and 
publicize mission critical occupation job openings using FHFA's 
authority at 12 U.S.C. 4517(h) to hire examiners, accountants, 
economists, and specialists in financial markets and in technology. The 
System will be used to receive, store, and process resumes, 
applications, curriculum vitaes, and similar documents received in 
response to mission critical occupation job openings, and recruiting 
and outreach events. In addition, the System will be used to track 
applicants for such positions.

[[Page 52904]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for positions at FHFA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name; date of birth; race, national origin, color, gender, and 
disability; business and home addresses; business and personal 
electronic mail (email) addresses; business, home, cellular, and 
personal telephone numbers; education records; military status and/or 
information; and employment experience, status and related information.

RECORD SOURCE CATEGORIES:
    Information is provided by applicants.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 
therein may specifically be disclosed outside FHFA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (1) To appropriate agencies, entities, and persons when (1) FHFA 
suspects or has confirmed that there has been a breach of the system of 
records, (2) FHFA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, FHFA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with FHFA's efforts to respond to the suspected or 
confirmed breach or to 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 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 collect, store, 
or maintain, or 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 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.
    (6) 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.
    (7) 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, or other 
Federal agencies to obtain advice regarding statutory, regulatory, 
policy, and other requirements related to the purpose for which FHFA 
collected the records.
    (8) To DOJ, (including United States Attorney Offices), or other 
Federal agency conducting litigation or in proceedings before any 
court, 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.
    (9) 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.
    (10) To an 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic and paper format. Electronic 
records are stored in computerized databases. Paper records are stored 
in locked offices, locked file rooms, locked file cabinets, or safes.

POLICIES AND PRACTIES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by any of the following: Name, email 
address, or assigned file number. Information may additionally be 
retrieved by other personal identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with FHFA's 
approved Comprehensive Records Schedule (CRS), Items 5.3 Human 
Resources Records; and 6.2 Routine Office Administration Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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 offices, locked file rooms, locked file 
cabinets, or safes. Access to the records, whether in electronic or 
paper form, is restricted to those who require the records in the 
performance of official duties related to the purposes for which the 
system is maintained.

RECORD ACCESS PROCEDURES:
    Direct requests for access to a record to the Privacy Act Officer, 
Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 
20219, 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, 400 7th Street SW., Washington, DC 20219, or privacy@fhfa.gov 
in accordance with the procedures set forth in 12 CFR part 1204.

[[Page 52905]]

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, 400 7th Street SW., Washington, DC 20219, or 
privacy@fhfa.gov in accordance with the procedures set forth in 12 CFR 
part 1204.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This is a new system therefore there is no history.

    Dated: November 9, 2017.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2017-24727 Filed 11-14-17; 8:45 am]
 BILLING CODE 8070-01-P