Privacy Act of 1974; Systems of Records

Federal RegisterSep 5, 1995

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FEDERAL HOUSING FINANCE BOARD

[No. 95-9]

Privacy Act of 1974; Systems of Records

AGENCY: Federal Housing Finance Board.

ACTION: Notice.

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SUMMARY: In accordance with the Privacy Act, the Federal Housing

Finance Board (Finance Board) is publishing a notice of its systems of

records.

DATES: The Finance Board invites interested parties to submit comments

on the proposed routine uses of the systems of records described in

this notice on or before October 5, 1995. The systems of records

described in this notice will be effective 30 days from the date of

publication unless the Finance Board receives comments on the routine

uses that would result in a contrary determination.

ADDRESSES: Please submit comments to: Executive Secretariat, Federal

Housing Finance Board, 1777 F Street NW., Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: David A. Guy, Associate General

Counsel, Office of General Counsel, Federal Housing Finance Board, 1777

F Street NW., Washington, DC 20006.

SUPPLEMENTARY INFORMATION: Pursuant to the requirements of the Privacy

Act of 1974 (5 U.S.C. 552a(e)(4)), the Finance Board is publishing a

notice of the existence and character of its systems of records

maintained on individuals. As further described below, the Finance

Board maintains the following systems of records:

FHFB-1 Employee Attendance Records

FHFB-2 General Travel and Transportation Files

FHFB-3 Administrative Grievance Files

FHFB-4 Federal Home Loan Bank Directors Financial Disclosure Records

FHFB-5 Finance Board Director Financial Disclosure Records

FHFB-6 Board of Directors

FHFB-7 Agency Personnel Investigative Records

In addition, the Finance Board intends to adopt the previously

published Federal Register notices of the existence and character of

the following governmentwide systems of records established by the

Office of Personnel Management (OPM), the Office of Government Ethics

(OGE), and the Equal Employment Opportunity Commission (EEOC):

OPM/GOVT-1 General Personnel Records

OPM/GOVT-2 Employee Performance File System Records

OPM/GOVT-3 Records of Adverse Actions, Performance-Based Reduction

in Grade and Removal Actions, and Termination of Probationers

OPM/GOVT-5 Recruiting, Examining, and Placement Records

OGE/GOVT-1 Executive Branch Public Financial Disclosure Reports and

Other Ethics Program Records

OGE/GOVT-2 Confidential Statements of Employment and Financial

Interests

EEOC/GOVT-1 Equal Employment Opportunity in the Federal Government

Complaint and Appeals Records

These governmentwide systems of records include records that are in

the temporary custody of the Finance Board, but which are owned by the

OPM, the EEOC, or the OGE, respectively. Since the OPM, the OGE, and

the EEOC have published notices in the Federal Register of the

existence and character of these systems of records, it is

unnecessarily duplicative for the Finance Board to include a

description of these systems of records in its Federal Register notice.

Individuals are referred to the OPM's Federal Register notice of

the existence and character of OPM/GOVT-1, OPM/GOVT-2, OPM/GOVT-3, and

OPM/GOVT-5. The citation is 57 FR 35705-35716, August 10, 1992, as

amended from time to time.

Individuals are referred to the OGE's Federal Register notice of

the existence and character of OGE/GOVT-1 and OGE/GOVT-2. The citation

is 55 FR 6328-6331, February 22, 1990, as amended from time to time.

Individuals are referred to the EEOC's Federal Register notice on

the existence and character of EEOC/GOVT-1. The citation is 59 FR

11068, March 9, 1994, as amended from time to time.

FHFB-1

Employee Attendance Records.

None.

Federal Housing Finance Board, 1777 F Street NW., Washington, DC

20006.

Finance Board employees.

Records consist of: (1) Time and attendance sheets showing employee

attendance for two-week pay periods and the amount of leave used; and

(2) employee applications for leave.

12 U.S.C. 1422b(b)(1).

Records are used for management and payroll purposes for approval

and documentation of employees' attendance and use of leave.

These records, or information therefrom, may be disclosed as a

routine use to:

1. Finance Board personnel having a need for access to perform

their official functions.

2. Another federal agency for payroll purposes.

3. The Department of Labor when processing a claim for compensation

regarding a job connected injury or illness.

4. A state unemployment compensation office regarding a claim.

5. The appropriate agency, whether federal, state, or local, where

there is an indication of a violation, or potential violation of law,

whether civil, criminal, or regulatory in nature, charged with the

responsibility of investigating or prosecuting such violation or

implementing the statute, rule, regulation, or order issued pursuant

thereto.

6. The appropriate person in the event that information in the

record system is needed in the course of presenting evidence to a

court, magistrate, or administrative tribunal.

7. The OPM or the General Accounting Office (GAO) when the

information is required for evaluation of leave administration.

8. The General Services Administration in connection with its

responsibilities for records management.

9. A congressional office in response to an inquiry from the

congressional office made at the request of the subject individual.

None.

Records are maintained in file folders.

[[Page 46121]]

Records are filed alphabetically by name.

Files are kept in areas that are locked after business hours.

Access is limited to Finance Board personnel having a need for access

to perform their official functions.

Records are retained indefinitely.

Associate Director, Office of Human Resources, Federal Housing

Finance Board, 1777 F Street, NW, Washington, DC 20006.

An individual may inquire as to whether this system contains a

record pertaining to him or her by directing a request to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for access to a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for amendment of a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

The subject individual and Finance Board employees who approve

leave applications.

None.

FHFB-2

General Travel and Transportation Files.

None.

Federal Housing Finance Board, 1777 F Street NW, Washington, DC

20006.

Current and former Finance Board employees.

Records consist of travel vouchers, petty cash forms, and

supporting documentation.

12 U.S.C. 1422b(a)(3), 41 CFR part 101-41.

Records document payment for travel expenses of Finance Board

employees incurred in the performance of their official functions.

These records, or information therefrom, may be disclosed as a

routine use to:

1. Finance Board personnel having a need for access to perform

their official functions.

2. Internal agency auditors and auditors of the GAO.

3. The appropriate agency, whether federal, state, local or

foreign, charged with the responsibility of investigating or

prosecuting a violation or potential violation of law or charged with

enforcing or implementing the statute, or rule, regulation or order

issued pursuant thereto, in the event that information in this record

system indicates 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.

4. The appropriate person in the event that information in this

record system is needed in the course of presenting evidence to a

court, magistrate, or administrative tribunal.

5. A federal, state, or local agency maintaining civil, criminal or

other relevant enforcement information or other pertinent information,

such as current licenses, if necessary to obtain information relevant

to a decision concerning the hiring or retention of an employee, the

letting of a contract, or the issuance of a grant or other benefit.

6. A federal agency, in response to its request, in connection with

the hiring or retention of an employee, the issuance of a security

clearance, the reporting of an investigation of an employee, the

letting of a contract, or the issuance of a license, grant, or other

benefit by the requesting agency, to the extent that the information is

relevant and necessary to the requesting agency's decision on the

matter.

7. 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.

None.

Records are contained in file folders.

Records are filed alphabetically by name.

Files are kept in areas that are locked after business hours.

Access is limited to Finance Board personnel having a need for access

to perform their official functions.

Records are retained for two years and then destroyed.

Associate Director, Office of Human Resources, Federal Housing

Finance Board, 1777 F Street NW., Washington, DC 20006.

An individual may inquire as to whether this system contains a

record pertaining to him or her by directing a request to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for access to a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for amendments of a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

The subject individual.

None.

FHFB-3

Administrative Grievance Files.

None.

[[Page 46122]]

Federal Housing Finance Board, 1777 F Street, NW., Washington, DC

20006.

Current and former Finance Board employees who have filed a

grievance pursuant to the agency's administrative grievance procedures.

Records contain documents related to the grievances, including the

written grievance filed by the employee, statements of witnesses,

records, the report of a hearing if one is held, the report of a fact

finder when fact-finding is used, statements made by the parties to the

grievance, and the agency's decision.

5 CFR part 771.

Records document grievance proceedings brought pursuant to the

Finance Board's administrative grievance procedures.

These records, or information therefrom, may be disclosed as a

routine use:

1. To Finance Board personnel having a need for access to perform

their official functions.

2. In litigation to respond to process issued under authority of a

court of competent jurisdiction and to parties or complainants, their

representatives, and impartial referees, examiners, administrative

judges, or other decisionmakers in proceedings under the Finance

Board's administrative grievance procedures, Equal Employment

Opportunity procedures, Merit Systems Protection Board, or similar

procedures.

3. To request information from a federal, state, or local agency or

private individual if necessary to obtain information relevant to a

Finance Board decision within the purposes of this system of records.

4. To the appropriate agency, whether federal, state, local or

foreign, charged with the responsibility of investigating or

prosecuting a violation or potential violation of law or charged with

enforcing or implementing the statute, or rule, regulation or order

issued pursuant thereto, in the event that information in this record

system indicates 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.

5. A federal, state, or local agency maintaining civil, criminal or

other relevant enforcement information or other pertinent information,

such as current licenses, if necessary to obtain information relevant

to a decision concerning the hiring or retention of an employee, the

letting of a contract, or the issuance of a grant or other benefit.

6. 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.

None.

Records are contained in file folders.

Records are filed alphabetically by name.

Files are kept in areas that are locked after business hours.

Access is limited to Finance Board personnel having a need for access

to perform their official functions.

Records are destroyed five years after closure of a case.

Personnel Security Officer, Office of Human Resources, Federal

Housing Finance Board, 1777 F Street, NW., Washington, DC 20006.

An individual may inquire as to whether this system contains a

record pertaining to him or her by directing a request to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for access to a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for amendments of a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

The subject individual, Finance Board personnel records, and

statements and testimony of witnesses and related correspondence.

None.

FHFB-4

Federal Home Loan Bank Directors Financial Disclosure Records.

None.

Federal Housing Finance Board, 1777 F Street, NW., Washington, DC

20006.

Current and former members of the boards of directors of the 12

Federal Home Loan Banks (Banks).

Records contain: (1) Information describing the financial

relationships, as defined in 12 CFR 931.30, of current and former

members of the boards of directors of the Banks; and (2) certifications

of eligibility by current and former members of the boards of directors

of the Banks.

12 U.S.C. 1427(a), (b), (d).

Records are collected to determine whether Bank directors are in

compliance with applicable statutory and regulatory eligibility

requirements.

Records, or information therefrom, may be disclosed as a routine

use to Finance Board personnel having a need for access to perform

their official functions.

None.

Records are contained in file folders.

Records are filed alphabetically by name.

[[Page 46123]]

Files are kept in areas that are locked after business hours.

Access is limited to Finance Board personnel having a need for access

to perform their official functions.

Records are retained for three years or until the subject

individual leaves office as a FHLBank director, whichever is longer.

Associate Director, District Banks Secretariat, Federal Housing

Finance Board, 1777 F Street, NW, Washington, DC 20006.

An individual may inquire as to whether this system contains a

record pertaining to him or her by directing a request to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for access to a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street, NW,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for amendment of a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW, Washington,

DC 20006, in accordance with the procedures set forth in 12 CFR part

909.

The subject individual.

None.

FHFB-5

Finance Board Director Financial Disclosure Records.

None.

Federal Housing Finance Board, 1777 F Street NW., Washington, DC

20006.

Current and former members of the Board of Directors of the Finance

Board.

12 U.S.C. 1422a(b)(2)(C).

Records are collected to determine whether Finance Board Directors

are in compliance with applicable statutory and regulatory eligibility

requirements.

Records, or information therefrom, may be disclosed as a routine

use to Finance Board personnel having a need for access to perform

their official functions.

None.

Records are contained in file jackets.

Records are filed alphabetically by name.

Records are stored in a safe secured by a combination lock. Access

is limited to Finance Board personnel having a need for access to

perform their official functions.

Records are retained for seven years and then destroyed.

Designated Agency Ethics Official, Federal Housing Finance Board,

1777 F Street NW., Washington, DC 20006.

An individual may inquire as to whether this system contains a

record pertaining to him or her by directing a request to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for access to a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for amendment of a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

The subject individual.

None. FHFB-6

Board of Directors.

None.

Federal Housing Finance Board, 1777 F Street, NW, Washington, DC

20006.

Current and former members of the Board of Directors of the Finance

Board.

Records contain photographs and biographies of current and former

members of the Board of Directors of the Finance Board.

12 U.S.C. 1422a(b)(1).

Records are used to provide information to the press and other

interested persons or agencies.

Records, or information therefrom, may be disclosed as a routine

use to:

1. The press and other interested persons or agencies.

2. Finance Board personnel having a need for access to perform

their official functions.

None.

Records are contained in file jackets.

Records are filed alphabetically by name.

Files are kept in areas that are locked after business hours.

Access is limited to Finance Board personnel having a

[[Page 46124]]

need for access to perform their official functions.

Records are transferred to the National Archives two years after a

Finance Board Director leaves office.

Director, Office of Public Affairs, Federal Housing Finance Board,

1777 F Street, NW., Washington, DC 20006.

An individual may inquire as to whether this system contains a

record pertaining to him or her by directing a request to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for access to a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for amendment of a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

The subject individual.

None.

FHFB-7

Agency Personnel Investigative Records.

None.

Federal Housing Finance Board, 1777 F Street NW., Washington, DC

20006.

Current and former Finance Board employees.

Records contain information relating to the subject individual,

including name, address, date and place of birth, Social Security

number, citizenship, residence, foreign travel and contacts, education,

personal references, organizational membership and security clearance

history, reports from commercial credit agencies, and personal security

investigative reports from either the OPM or the Federal Bureau of

Investigation.

5 U.S.C. 3301, 5 CFR parts 5, 731, 736, E.O. 10577.

Records are collected in order to make a determination as to the

suitability of the subject individual for federal employment. The

records are maintained in order to provide documentation, if necessary,

to OPM in order to support the Finance Board's determination of the

suitability of the subject individual for federal employment.

Records, or information therefrom, may be disclosed as a routine

use to:

1. Designated officers and employees of agencies, offices, and

other establishments in the executive, legislative, and judicial

branches of the federal government, having a need to evaluate

qualifications, suitability, and loyalty to the United States

government and/or a security clearance or access determination.

2. Designated officers and employees of agencies, offices, and

other establishments in the executive, legislative, and judicial

branches of the federal government, and the District of Columbia

government, when such agency, office, or establishment conducts an

investigation of the individual for purposes of granting a security

clearance, or for the purpose of making a determination of

qualifications, suitability, or loyalty to the United States

government, or access to classified information or restricted areas.

3. Designated officers and employees of agencies, offices, and

other establishments in the executive, judicial, or legislative

branches of the federal government, having the responsibility to grant

clearances, to make determination regarding access to classified

information or restricted areas, or to evaluated qualifications,

suitability, or loyalty to the United States government, in connection

with performance of a service to the federal government under a

contract or other agreement.

4. Intelligence agencies for use in intelligence activities;

5. Any source from which information is requested in the course of

an investigation, to the extent necessary to identify the individual,

inform the source of the nature and purpose of the investigation, and

to identify the type of information requested.

6. The federal, state, or local agency responsible for

investigating, prosecuting, enforcing, or implementing a statute, rule,

regulation, or order where there is an indication of a violation or

potential violation of civil or criminal law or regulation.

7. An agency, office or other establishment in the executive,

legislative, or judicial branches of the federal government, or the

District of Columbia government, in response to its request, in

connection with the hiring or retention of an employee, the issuance of

a security clearance, the conducting of a security or suitability

investigation of an individual, the classifying of jobs, the letting of

a contract, or the issuance of a license, grant, or other benefit by

the requesting agency.

8. Federal agencies as a data source for management information

through the production of summary descriptive statistics and analytical

studies in support of the functions for which the records are

maintained or for related studies.

9. A congressional office in response to an inquiry made at the

request of that individual.

10. In litigation before a court or in an administrative proceeding

being conducted by a federal agency.

11. The National Archives and Records Administration for records

management inspections.

12. The Office of Management and Budget in connection with private

relief legislation.

13. Respond to a request for discovery or for appearance of a

witness.

14. The Merit Systems Protection Board, the Office of Special

Counsel, the Equal Employment Opportunity Commission, or the Federal

Labor Relations Authority, in connection with functions vested in those

agencies.

None.

The records are contained in file jackets and stored in a safe

secured by a combination lock.

Records are filed alphabetically by name.

[[Page 46125]]

Records are in the custody of the Personnel Security Officer and

are maintained in a safe secured by a combination lock. The room where

the records are stored is locked when not in use.

Records are retained until the subject individual terminates

employment at the Finance Board, at which time the records are sent to

the OPM.

Personnel Security Officer, Office of Human Resources, Federal

Housing Finance Board, 1777 F Street NW., Washington, DC 20006.

An individual may inquire as to whether this system contains a

record pertaining to him or her by directing a request to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Requests for access to a record shall be directed to the Office of

Personnel Management, Federal Investigations Processing Center, FOI/PA,

Boyers, Pennsylvania 16018.

Requests for amendment of a record shall be directed to Executive

Secretary, Federal Housing Finance Board, 1777 F Street NW.,

Washington, DC 20006, in accordance with the procedures set forth in 12

CFR part 909.

Subject individual; police, military, or naval reports; former

employees; and references supplied to the Personnel Security Officer by

the subject individual.

Records contained in this system are exempt from disclosure,

pursuant to the provisions 5 U.S.C. 552a(k)(5), to the extent that

disclosure would reveal the identity of a source who furnished

information to the government under an express promise that the

identification of the source would be held in confidence, or, prior to

September 1, 1975, under an implied promise that the identity of the

source would be held in confidence.

Dated: August 28, 1995.

By the Federal Housing Finance Board.

Rita I. Fair,

Managing Director.

[FR Doc. 95-21849 Filed 9-1-95; 8:45 am]

BILLING CODE 6725-01-P

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