Privacy Act of 1974: Publication of Notice of Systems of Records

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Federal Housing Enterprise Oversight

RIN 2550-ZA00

Privacy Act of 1974: Publication of Notice of Systems of Records

AGENCY: Office of Federal Housing Enterprise Oversight, HUD.

ACTION: Publication of notice of systems of records.

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SUMMARY: This notice publishes and seeks comments on the notice of

systems of records maintained by the Office of Federal Housing

Enterprise Oversight as required by the Privacy Act of 1974. It also

sets forth the routine uses of records within systems of records and

will permit individuals to identify those systems in which records

about them may be located.

DATES: This notice shall become effective without further notice on

April 6, 1998. Any interested party may submit written comments about

this notice. Comments must be received on or before March 25, 1998.

ADDRESSES: Send written comments to Anne E. Dewey, General Counsel,

Office of General Counsel, Office of Federal Housing Enterprise

Oversight, 1700 G Street, NW., Fourth Floor, Washington, DC 20552.

Copies of all comments received will be available for examination by

interested parties at the Office of Federal Housing Enterprise

Oversight, 1700 G Street, NW., Fourth Floor, Washington, DC 20552.

FOR FURTHER INFORMATION CONTACT: Gary L. Norton, Deputy General

Counsel, or Isabella W. Sammons, Associate General Counsel, Office of

General Counsel, Office of Federal Housing Enterprise Oversight, 1700 G

Street, NW., Fourth Floor, Washington, DC 20552, telephone (202) 414-

3800 (not a toll-free number). The toll-free telephone number for the

Telecommunications Device for the Deaf is (800) 877-8339.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (Privacy

Act) (5 U.S.C. 552a), is a Federal law that requires Federal agencies

to limit the manner in which they collect, use, and disclose

information about individuals who are citizens of the United States or

resident aliens. The Privacy Act provides that, upon request, an

individual has the right to access any record maintained on her/him in

an agency's system of records.

The Privacy Act prohibits agencies from disclosing any record that

is contained in a system of records to any person or another agency

(third parties), except pursuant to a written request by or the prior

written consent of the individual to whom the records pertain. However,

the Privacy Act authorizes the disclosure of individual records to

certain third parties and under certain circumstances. 5 U.S.C.

552a(b). Such authorized disclosures include disclosure to those

officers and employees of the agency that maintains the record who have

a need for the record in the performance of their duties; to the Bureau

of the Census for carrying out a census; and to the Comptroller

General.

Another authorized disclosure to third parties is disclosure for a

routine use. 5 U.S.C. 552a(b)(3). The term ``routine use'' is defined

by the Privacy Act to mean, with respect to the disclosure of a record,

the use of such record for a purpose which is compatible with the

purpose for which it was collected. 5 U.S.C. 552a(a)(7). In other

words, routine use is the authorized disclosure of the record to third

parties that is compatible with the purpose for which the information

contained in the record was collected, in addition to those expressly

specified in the Privacy Act.

The Privacy Act requires each agency to publish in the Federal

Register the existence of each system of records it maintains so that

individuals may be able to find more easily those systems where records

about them may be located. In addition, the Privacy Act requires that

the publication include the routine uses of the records contained in

each system, i.e., the third parties to whom they may be disclosed, in

addition to those expressly specified by the Privacy Act. In compliance

with that requirement, the Office of Federal Housing Enterprise

Oversight (OFHEO) is publishing this notice of systems of records.

This notice of systems of records, as required by 5 U.S.C. 552a(r),

has been submitted to the Committee on Governmental Affairs of the U.S.

Senate, the Committee on Government Reform and Oversight of the U.S.

House of Representatives, and the Office of Management and Budget.

[[Page 9008]]

With this publication, OFHEO is also publishing for comment an

interim regulation elsewhere in this issue of the Federal Register. The

interim regulation sets forth the procedures for requesting access to

and amendment of records.

Comments on this notice of systems of records are requested and

will be considered in determining whether the notice will become

effective without further notice on April 6, 1998.

Table of Contents

Prefatory Statement of General Routine Uses

OFHEO-01 Financial Management System.

OFHEO-02 Pay and Leave System.

OFHEO-03 Employee Identification Card System.

OFHEO-04 Property Inventory System.

OFHEO-05 Senior Staff Biography System.

Prefatory Statement of General Routine Uses

The following general routine uses apply to and are incorporated by

reference into each system of records set forth below, except if

otherwise noted or if obviously not appropriate.

1. It shall be a routine use of the records in this system of

records to disclose them to the Department of Justice or other Federal

agency conducting litigation when--

(a) Any of the following is a party to the litigation or has an

interest in such litigation:

(i) The Office of Federal Housing Enterprise Oversight (OFHEO);

(ii) Any employee of OFHEO, in his/her official capacity;

(iii) Any employee of OFHEO, or any agency thereof, in his/her

individual capacity where the Department of Justice has agreed to

represent the employee;

(iv) The United States or any agency thereof, where OFHEO

determines that litigation is likely to affect the United States; and

(b) The use of such records by the Department of Justice or other

Federal agency conducting the litigation is deemed by OFHEO to be

relevant and necessary to the litigation.

2. It shall be a routine use of the records in this system to

disclose them in any proceeding before any court or adjudicative or

administrative body when--

(a) Any of the following is a party to the proceeding or has an

interest in such proceeding:

(i) OFHEO;

(ii) Any employee of OFHEO, in his/her official capacity;

(iii) Any employee of OFHEO, in his/her individual capacity, where

the Department of Justice has agreed to represent the employee;

(iv) The United States or any agency thereof where OFHEO determines

that the proceeding is likely to affect the United States; and

(b) OFHEO determines that use of such records is relevant and

necessary in the proceeding.

3. In the event that a system of records maintained by OFHEO

indicates a violation or potential violation of law, whether civil,

criminal, or regulatory in nature, and whether arising by general

statute or particular program 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, or foreign, charged

with the responsibility of investigating or prosecuting such violation

or charged with enforcing or implementing the statute, rule,

regulation, or order issued pursuant thereto.

4. A record from this system of records may be disclosed to a

Federal, State, or local agency maintaining civil, criminal, or other

relevant enforcement information or other pertinent information, if

necessary to obtain information relevant to the decision concerning the

hiring or retention of an employee or the letting of a contract.

5. A record from this system of records may be disclosed to 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.

6. The information contained in this system of records may be

disclosed to the Office of Management and Budget in connection with the

review of private relief legislation as set forth in Office of

Management and Budget Circular No. A-19 at any stage of the legislative

coordination and clearance process as set forth in that Circular.

7. A record from this system of records may be disclosed to an

authorized appeal grievance examiner; a formal complaints examiner; an

equal employment opportunity investigator; or an arbitrator or other

duly authorized official engaged in investigation or settlement of a

grievance, complaint, or appeal filed by an employee. A record from

this system of records may be disclosed to the Office of Personnel

Management in connection with the evaluation and oversight of Federal

personnel management.

8. A record from this system of records may be disclosed to

authorized employees of a Federal agency for purposes of audit.

9. Disclosure may be made 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.

10. A record in this system of records may be disclosed to the

Department of Justice to determine whether disclosure thereof is

required by the Freedom of Information Act (5 U.S.C. 552).

11. A record in this system of records may be disclosed when the

information is subject to exemption under the Freedom of Information

Act, but OFHEO, in its discretion, determines not to assert the

exemption.

12. A record from this system of records may be disclosed to State

and local taxing authorities with which the Secretary of the Treasury

has entered into agreements and to those State and local taxing

authorities for which the employee is subject to tax whether or not tax

is withheld.

OFHEO-01

system name:

Financial Management System.

system location:

Office of Finance and Administration, OFHEO, 1700 G Street, NW.,

Fourth Floor, Washington, DC 20552.

categories of individuals covered by the system:

Current and former OFHEO employees and individuals who are

providing or have provided goods or services to OFHEO under contractual

agreements.

categories of records in the system:

Records relate to employee claims for reimbursement of official

travel expenses, including travel authorizations and advances, and

vouchers showing amounts claimed, exceptions taken as a result of

audit, advance balances applied, and amounts paid. Other records

maintained on employees, where applicable, include records relating to

claims for reimbursement for relocation expenses, including

authorizations and advances, and vouchers showing amounts claimed and

amounts paid; records pertaining to reimbursement for educational

expenses and other miscellaneous reimbursement for small purchases made

for official business; records including the account number of the

employee's Government American Express travel cards; records including

the financial institution code and employee account number for direct

[[Page 9009]]

deposit; and records relating to funds owed to OFHEO. Records on

individuals who are not employees of OFHEO include information relating

to the purchase of and payments made for goods or services from

individuals, including the financial institution code and account

number for direct deposit of payments.

authority for maintenance of the system:

5 U.S.C. 5701-5709; 12 U.S.C. 4513(b)(9); 31 U.S.C. 3512.

routine uses of records maintained in the system, including categories

of users and the purposes of such uses :

See the Prefatory Statement of General Routine Uses. Another

routine use is transmittal of data contained in the records to the U.S.

Treasury to effect issuance of nonsalary payments to employees and

payments to vendors and contractors;

policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

storage:

Records are stored in a computerized system and in paper files that

are stored in file folders in locked file drawers.

retrievability:

Computerized records are retrieved by the individual's name or by

taxpayer identification number if the individual is a vendor or

contractor. File folders are indexed by year and by a unique order

number.

safeguards:

Access to the system is safeguarded by password and user

identification number that provides specific levels of access or by

locked file drawers and is restricted to employees who have a need to

access the system in the performance of their duties.

retention and disposal:

Retention is determined by the General Records Schedules.

system manager(s) and address:

Financial Management Officer, Office of Finance and Administration,

OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC 20552.

notification procedure:

Contact the Privacy Act Officer, OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

record access procedure:

The OFHEO regulation for providing access to records appears at 12

CFR part 1720. If additional information or assistance is required,

contact the Privacy Act Officer at OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

contesting record procedures:

The procedures for contesting initial denials for access to or

amendment of records appears at 12 CFR part 1720. If additional

information or assistance is required, contact the Privacy Act Appeals

Officer at OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC

20552.

record source categories:

The information is obtained from the individual on whom the record

is maintained, other Federal agencies, financial institutions, and

courts.

exemptions claimed for the system:

None.

OFHEO-02

system name:

Pay and Leave System.

system location:

Office of Finance and Administration, OFHEO, 1700 G Street, NW.,

Fourth Floor, Washington, DC 20552.

categories of individuals covered by the system:

Current and former OFHEO employees.

categories of records in the system:

Records include the following information on each OFHEO employee:

Name; organizational unit; leave status and associated leave data (such

as annual, compensatory, jury duty, family, military, sick, donated,

and leave without pay); and time and attendance records (including pay

period number, leave accrual category, balances and applications,

number of hours worked, time reports, adjustments to time and

attendance, overtime and compensatory time justifications, and

supporting data such as medical certificates).

authority for maintenance of the system:

12 U.S.C. 4513(b)(9).

routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

See the Prefatory Statement of General Routine Uses. Other routine

uses are transmittal of data contained in the records to--

The U.S. Treasury to effect issuance of salary payments

through electronic funds transfer;

The Internal Revenue Service, Social Security

Administration, the individual, and taxing authorities of the States,

the District of Columbia, territories, possessions, and local

governments;

The Office of Personnel Management concerning pay,

benefits, retirement deductions, and other information necessary to

carry on its governmentwide personnel functions, and to other Federal

agencies to facilitate employee transfers;

The Department of Labor to process workers' compensation

injury claims;

Other Federal agencies for the purpose of collecting debts

owed to the Federal Government by administrative or salary offset;

The Federal Retirement Thrift Investment Board to

administer the Thrift Savings Plan;

The National Finance Center of the Department of

Agriculture for payroll/personnel action, receipt amount, time and

attendance, and administrative overpayment processing;

Department of Veterans Affairs regarding the final

accounting for employee pay and benefits;

Federal, State, and local agencies to assist in the

enforcement of child and spousal support obligations; and

State governments, the District of Columbia, the

Commonwealth of Puerto Rico, and the Virgin Islands to assist in

processing unemployment claims under the Unemployment Compensation for

Federal Employees Program.

policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

storage:

Records are stored in a computerized system and in paper files that

are stored in file folders in locked file drawers.

retrievability:

Computerized records are retrieved by the individual's name. File

folders are indexed by year and pay period number.

safeguards:

Access to the system is safeguarded by password or by locked file

drawers and is restricted to employees who have a need to access the

system in the performance of their duties.

retention and disposal:

Retention is determined by the General Records Schedules.

system manager(s) and address:

Human Resources Officer, Office of Finance and Administration,

OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC 20552.

notification procedure:

Contact the Privacy Act Officer, OFHEO, 1700 G Street, W., Fourth

Floor, Washington, DC 20552.

[[Page 9010]]

record access procedure:

The OFHEO regulation for providing access to records appears at 12

CFR part 1720. If additional information or assistance is required,

contact the Privacy Act Officer at OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

contesting record procedures:

The procedures for contesting initial denials for access to or

amendment of records appears at 12 CFR part 1720. If additional

information or assistance is required, contact the Privacy Act Appeals

Officer at OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC

20552.

record source categories:

The information is obtained from the subject individual,

supervisor, timekeeper, official personnel records, previous employers,

other Federal agencies, National Finance Center, financial

institutions, and courts. Where an employee is subject to a tax lien, a

bankruptcy, or an attachment or a wage garnishment, information also is

obtained from the appropriate taxing or judicial entity.

exemptions claimed for the system:

None.

OFHEO-03

system name:

Employee Identification Card System.

system location:

Office of Finance and Administration, OFHEO, 1700 G Street, NW.,

Fourth Floor, Washington, DC 20552.

categories of individuals covered by the system:

Current OFHEO employees and contractor personnel who have been

assigned an identification card.

categories of records in the system:

Records include the individual's name, date of birth, social

security number, photograph, identification card expiration date, and

organization and status.

authority for maintenance of the system:

12 U.S.C. 4513(b)(9).

routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

See the Prefatory Statement of General Routine Uses.

policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

storage:

Records are stored in a computerized system.

retrievability:

Records are retrieved by the individual's name.

safeguards:

Access to the system is safeguarded by password and is restricted

to employees who have a need to access the system in the performance of

their duties.

retention and disposal:

Retention is determined by the General Records Schedules. Records

of employees and contractors are deleted from the system upon

termination of employment or contract.

system manager(s) and address:

Human Resources Officer, Office of Finance and Administration,

OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC 20552.

notification procedure:

Contact the Privacy Act Officer, OFHEO, 1700 G Street, W., Fourth

Floor, Washington, DC 20552.

record access procedure:

The OFHEO regulation for providing access to records appears at 12

CFR part 1720. If additional information or assistance is required,

contact the Privacy Act Officer at OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

contesting record procedures:

The procedures for contesting initial denials for access to or

amendment of records appears at 12 CFR part 1720. If additional

information or assistance is required, contact the Privacy Act Appeals

Officer at OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC

20552.

record source categories:

The information is obtained from the individuals on whom the

information is maintained and from the OFHEO Human Resources staff.

exemptions claimed for the system:

None.

OFHEO-04

system name:

Property Inventory System.

system location:

Office of Finance and Administration, OFHEO, 1700 G Street, NW.,

Fourth Floor, Washington, DC 20552.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Current and former OFHEO employees who have had property items

assigned to them.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records include the employee name, OFHEO organizational unit,

office telephone number, pager number, room number, description of

property item, and copies of signed custody receipts.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

12 U.S.C. 4513(b)(9); 40 U.S.C. 47, et seq..

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

See the Prefatory Statement of General Routine Uses.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

Records are stored in a computerized system and in paper files that

are stored in file folders in locked file drawers.

RETRIEVABILITY:

Computerized records are retrieved by the individual's name. File

folders are indexed by property item.

SAFEGUARDS:

Access to the system is safeguarded by password or by locked file

drawers and is restricted to employees who have a need to access the

system in the performance of their duties.

RETENTION AND DISPOSAL:

Retention is determined by the General Records Schedules.

SYSTEM MANAGER(S) AND ADDRESS:

Contracting/Facilities Management Specialist, Office of Finance and

Administration, OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC

20552.

NOTIFICATION PROCEDURE:

Contact the Privacy Act Officer, OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

RECORD ACCESS PROCEDURE:

The OFHEO regulation for providing access to records appears at 12

CFR part 1720. If additional information or assistance is required,

contact the Privacy Act Officer at OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

[[Page 9011]]

CONTESTING RECORD PROCEDURES:

The procedures for contesting initial denials for access to or

amendment of records appears at 12 CFR part 1720. If additional

information or assistance is required, contact the Privacy Act Appeals

Officer at OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC

20552.

RECORD SOURCE CATEGORIES:

Information is obtained from the OFHEO Contracting/Facilities

Management Specialist, Office of Finance and Administration, and from

subject individuals to whom property items are assigned.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

OFHEO-05

SYSTEM NAME:

Senior Staff Biography System.

SYSTEM LOCATION:

Office of Public Affairs, OFHEO, 1700 G Street, NW., Fourth Floor,

Washington, DC 20552.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Senior-level OFHEO employees.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records include the employee's name and a description of the

employee's education, experience, and professional accomplishments and

affiliations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

12 U.S.C. 4513(b)(9).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

Records are used for distribution to the media and to groups which

request OFHEO staff as speakers or panel participants. The general

routine uses set forth in the Prefatory Statement, above, are not

applicable to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored in a computerized system.

RETRIEVABILITY:

Records are retrieved by the individual's name.

SAFEGUARDS:

Access to the system is safeguarded by password.

RETENTION AND DISPOSAL:

Records of employees are deleted from the system upon termination

of employment.

SYSTEM MANAGER(S) AND ADDRESS:

Public Affairs Specialist, Office of Public Affairs, OFHEO, 1700 G

Street, NW., Fourth Floor, Washington, DC 20552.

NOTIFICATION PROCEDURE:

Contact the Privacy Act Officer, OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

RECORD ACCESS PROCEDURE:

The OFHEO regulation for providing access to records appears at 12

CFR part 1720. If additional information or assistance is required,

contact the Privacy Act Officer at OFHEO, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

CONTESTING RECORD PROCEDURES:

The procedures for contesting initial denials for access to or

amendment of records appears at 12 CFR part 1720. If additional

information or assistance is required, contact the Privacy Act Appeals

Officer at OFHEO, 1700 G Street, NW., Fourth Floor, Washington, DC

20552.

RECORD SOURCE CATEGORIES:

The information is obtained from the individual on whom the record

is maintained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

Dated: February 12, 1998.

Mark A. Kinsey,

Acting Director, Office of Federal Housing Enterprise Oversight.

[FR Doc. 98-4453 Filed 2-20-98; 8:45 am]

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