[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Notices]
[Pages 9007-9011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4453]
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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]
BILLING CODE 4220-01-P
