[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Notices]
[Pages 39947-39951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16561]


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FEDERAL HOUSING FINANCE BOARD

[No. 2003-N-05]


Privacy Act of 1974; System of Records

AGENCY: Federal Housing Finance Board.

ACTION: Notice with request for comments.

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SUMMARY: In accordance with the Privacy Act of 1974 (Privacy Act), the 
Federal Housing Finance Board (Finance Board) is providing notice of 
its intent to amend its system of records to reflect agency 
reorganizations and regulatory changes and to add a new system of 
records covering Office of Inspector General investigative files.
    Elsewhere in this issue of the Federal Register, the Finance Board 
is publishing an interim final rule with request for comments that 
revises the agency's Privacy Act regulation to reflect an agency 
reorganization in which responsibility and authority for running the 
agency's Privacy Act program was transferred to the Office of General 
Counsel. The Finance Board also is revising the rule to make it more 
``user-friendly'' by using plain language and, where appropriate, a 
question-and-answer format.

DATES: This amendment will become effective as proposed without further 
notice on August 4, 2003 unless comments dictate otherwise. The Finance 
Board will accept comments in writing on or before August 4, 2003.

ADDRESSES: Send comments by electronic mail to [email protected],

[[Page 39948]]

by facsimile to 202/408-2580, or by regular mail to the Federal Housing 
Finance Board, 1777 F Street, NW., Washington, DC 20006, ATTN: PUBLIC 
COMMENTS. Comments will be available for public inspection at this 
address.

FOR FURTHER INFORMATION CONTACT: Janice A. Kaye, Senior Attorney-
Advisor, Office of General Counsel, by telephone at 202/408-2505, by 
electronic mail at [email protected], or by regular mail at the Federal 
Housing Finance Board, 1777 F Street, NW., Washington, DC 20006.

SUPPLEMENTARY INFORMATION: Pursuant to the requirements of the Privacy 
Act, the Finance Board is publishing a notice of an amendment to its 
system of records. See 5 U.S.C. 552a(e)(4) and (11). Some of the 
changes are being made to reflect agency reorganizations. More 
specifically, the Finance Board is amending its system of records to 
reflect the following changes:
    [sbull] Responsibility for administering the Finance Board's 
Privacy Act program was transferred to the Office of General Counsel. 
As part of the transfer of responsibility, an OGC staff member has 
replaced the Secretary to the Board of Directors as the Finance Board's 
Privacy Act Official.
    [sbull] The name of the Office of Resource Management has been 
changed to the Office of Management.
    [sbull] The duties of the Personnel Security Officer have been 
transferred from the Office of General Counsel to the Office of 
Management.
    [sbull] The Office of the Chairman assumed the duties of the former 
Office of Public Affairs, which was abolished in August 2002, and 
certain records maintained by the former Office of Public Affairs were 
eliminated.
    The Finance Board also is amending its system of records to reflect 
a reorganization and renumbering of the agency's regulations. See 65 FR 
8253 (February 18, 2000).
    Since the Finance Board's Privacy Act rule includes an exemption 
for certain records contained in Office of Inspector General (OIG) 
investigative files, the notice adds a new system of records covering 
OIG investigative records.
    For the reasons stated above, the Finance Board hereby amends its 
system of records originally published in the Federal Register in 
September 1995, see 60 FR 46120 (September 5, 1995), as amended in 
December 1997, see 62 FR 66865 (December 22, 1997) and December 1998, 
see 62 FR 66865 (December 22, 1997), as follows:
    1. Amend the system of records entitled FHFB-1 Employee Attendance 
Records as follows:
FHFB-1

System name:
    Employee Attendance Records.
* * * * *
Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    These records, or information therefrom, may be disclosed as a 
routine use to:
* * * * *
    5. In the event the information in the system of records indicates 
a violation or potential violation of a criminal or civil law, rule, or 
regulation, the relevant records may be disclosed to the appropriate 
federal, state, or local agency or authority responsible for 
investigating or prosecuting such a violation or for enforcing or 
implementing a statute, rule or regulation.
    6. A court, magistrate or administrative tribunal in the course of 
presenting evidence, including disclosures to counsel or witnesses in 
the course of civil discovery, litigation, or settlement negotiations 
or in connection with criminal proceedings.
* * * * *

Policies and practice for storing, retrieving, accessing, retaining and 
disposing of records in the system:
* * * * *

Retention and disposal:
    1. Leave application files (i.e., SF71s or equivalent and 
supporting documentation) are destroyed after three years or GAO audit, 
whichever is sooner.
    2. Time and attendance source records and input records are 
destroyed after six years or GAO audit, whichever is sooner.

System manager(s) and address:
    Office of Management, Federal Housing Finance Board, 1777 F Street, 
NW., Washington, DC 20006.

Notification procedure:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Official, Federal 
Housing Finance Board, 1777 F Street, NW., Washington, DC 20006, in 
accordance with the procedures set forth in 12 CFR part 913.

Record access procedures:
    Direct requests for access to a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, 
in accordance with the procedures set forth in 12 CFR part 913.

Contesting record procedures:
    Direct requests to amend a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, 
in accordance with the procedures set forth in 12 CFR part 913.
* * * * *
    2. Amend the system of records entitled FHFB-2 General Travel and 
Transportation Files as follows:
FHFB-2

System name:
    General Travel and Transportation Files.
* * * * *

Categories of individuals covered by the system:
    1. Current and former Finance Board employees.
    2. Individuals invited to travel by the Finance Board, including 
individuals traveling to the Finance Board for pre-employment 
interviews and individuals invited to attend a Finance Board ceremony, 
meeting or similar event.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    These records, or information therefrom, may be disclosed as a 
routine use to:
* * * * *
    3. In the event the information in the system of records indicates 
a violation or potential violation of a criminal or civil law, rule, or 
regulation, the relevant records may be disclosed to the appropriate 
federal, state, or local agency or authority responsible for 
investigating or prosecuting such a violation or for enforcing or 
implementing a statute, rule or regulation.
    4. A court, magistrate or administrative tribunal in the course of 
presenting evidence, including disclosures to counsel or witnesses in 
the course of civil discovery, litigation, or settlement negotiations 
or in connection with criminal proceedings.
* * * * *
    6. Another federal agency in response to a request made in 
connection with the hiring or retention of an individual, the issuance 
of a security clearance, the reporting of an investigation of an 
individual, the letting of a contract or issuance of a grant, license 
or other

[[Page 39949]]

benefit by the requesting agency, but only to the extent that the 
information disclosed is necessary and relevant to the requesting 
agency's decision on the matter.
    7. A congressional office in response to an inquiry made at the 
request of the subject individual.
* * * * *

Policies and practice for storing, retrieving, accessing, retaining and 
disposing of records in the system:
* * * * *

System manager(s) and address:
    Office of Management, Federal Housing Finance Board, 1777 F Street, 
NW., Washington, DC 20006.

Notification procedure:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Official, Federal 
Housing Finance Board, 1777 F Street, NW., Washington, DC 20006, in 
accordance with the procedures set forth in 12 CFR part 913.

Record access procedures:
    Direct requests for access to a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW., Washington, DC 
20006, in accordance with the procedures set forth in 12 CFR part 913.

Contesting record procedures:
    Direct requests to amend a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, 
in accordance with the procedures set forth in 12 CFR part 913.
* * * * *
    3. Amend the system of records entitled FHFB-3 Administrative 
Grievance Files as follows:
FHFB-3

System name:
    Administrative Grievance Files.
* * * * *

Policies and practice for storing, retrieving, accessing, retaining and 
disposing of records in the system:
* * * * *

System manager(s) and address:
    Office of Management, Federal Housing Finance Board, 1777 F Street, 
NW., Washington, DC 20006.

Notification procedure:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Official, Federal 
Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, in 
accordance with the procedures set forth in 12 CFR part 913.

Record access procedures:
    Direct requests for access to a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW., Washington, DC 
20006, in accordance with the procedures set forth in 12 CFR part 913.

Contesting record procedures:
    Direct requests to amend a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, 
in accordance with the procedures set forth in 12 CFR part 913.
* * * * *
    4. Amend the system of records entitled FHFB-4 Federal Home Loan 
Bank Appointive Director Eligibility Certification Forms as follows:

FHFB-4
System name:
    Federal Home Loan Bank Appointive Director Eligibility 
Certification Forms.
* * * * *

Categories of individuals covered by the system:
    Current Federal Home Loan Bank (FHLBank) appointive directors and 
candidates for appointment.

Categories of records in the system:
    Records contain certifications of eligibility and information 
concerning the financial or other personal interests of current FHLBank 
appointive directors, candidates for appointment and their immediate 
families that may pose a conflict of interest under the conflicts of 
interest policy of the director's FHLBank.

Authority for maintenance of the system:
    12 U.S.C. 1427(a) and (d); 12 CFR 915.10-915.12.

Purpose(s):
    Records are collected to determine whether FHLBank appointive 
directors and candidates for appointment are in compliance with 
statutory and regulatory eligibility requirements.
* * * * *

Policies and practice for storing, retrieving, accessing, retaining and 
disposing of records in the system:
* * * * *

Retrievability:
    Records are filed by FHLBank and alphabetically by name.
* * * * *

System manager(s) and address:
    Office of the Chairman, Federal Housing Finance Board, 1777 F 
Street, NW., Washington, DC 20006.

Notification procedure:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Official, Federal 
Housing Finance Board, 1777 F Street, NW., Washington, DC 20006, in 
accordance with the procedures set forth in 12 CFR part 913.

Record access procedures:
    Direct requests for access to a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW., Washington, DC 
20006, in accordance with the procedures set forth in 12 CFR part 913.

Contesting record procedures:
    Direct requests to amend a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW., Washington, DC 
20006, in accordance with the procedures set forth in 12 CFR part 913.
* * * * *
    5. Remove the system of records entitled FHFB-5 Board of Directors.
    6. Amend the system of records entitled FHFB-6 Agency Personnel 
Investigative Records as follows:
FHFB-5

System name:
    Personnel Investigative Records.
* * * * *

Categories of records in the system:
    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; investigative information regarding the subject individual's 
character, conduct and behavior in the community where he or she lives 
or lived, and arrests and convictions for violations of the law; 
reports from commercial credit agencies, interviews with the subject 
individual and with present and former supervisors, co-workers, 
associates, educators, etc., and inquiries with law enforcement 
agencies, employers, educational institutions attended; reports about 
the subject individual's qualifications for a specific position; 
correspondence relating to adjudication matters; reports of action 
after the OPM or Federal Bureau of Investigation section 8(d) Full 
Field Investigation;

[[Page 39950]]

and other information developed from the above.
* * * * *

Purpose(s):
    1. Records are collected in order to make, and are maintained in 
order to provide documentation, if necessary, to the OPM in order to 
support the Finance Board's determinations concerning compliance with 
Federal personnel regulations, the suitability and fitness of the 
subject individual for federal employment and access and security 
clearances, and the qualifications for performance of contractual 
services for the U.S. Government.
    2. To provide information necessary to schedule and conduct 
required investigations.
    3. To locate individuals for personnel research.
* * * * *

Policies and practice for storing, retrieving, accessing, retaining and 
disposing of records in the system:
* * * * *

Retention and disposal:
    Records are retained until the subject individual terminates 
employment at the Finance Board, at which time the records are handled 
in accordance with OPM policy and procedures.

System manager(s) and address:
    Office of Management, Federal Housing Finance Board, 1777 F Street, 
NW., Washington, DC 20006.

Notification procedure:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Official, Federal 
Housing Finance Board, 1777 F Street, NW., Washington, DC 20006, in 
accordance with the procedures set forth in 12 CFR part 913.

Record access procedures:
    Direct requests for access to a record to the Office of Personnel 
Management, Federal Investigations Processing Center, FOI/PA, Boyers, 
Pennsylvania 16018.

Contesting record procedures:
    Direct requests to amend a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW., Washington, DC 
20006, in accordance with the procedures set forth in 12 CFR part 913.

Record source categories:
    Subject individual, including applications and other personnel and 
security forms and personal interview; police, military or naval 
reports; notices of personnel actions and investigative and other 
record material furnished by Federal agencies; and personal 
investigation, written inquiry, or computer linkage from sources such 
as former employees, former employers, educational institutions, 
references, neighbors, associates, police departments, courts, credit 
bureaus, medical records, probation officials, prison officials, 
newspapers, magazines, periodicals and other publications.

Exemptions claimed for the system:
    Pursuant to 5 U.S.C. 552a(k)(5), a record contained in this system 
is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f), to the extent that disclosure would reveal the 
identity of a source who furnished information to the government under 
an express promise that his or her identity would be held in 
confidence.
    7. Add a new system of records entitled FHFB-6 Office of Inspector 
General Investigative Records to read as follows:
FHFB-6

System name:
    Office of Inspector General Investigative Records.

Security classification:
    None.

System location:
    Federal Housing Finance Board, 1777 F Street NW, Washington, DC 
20006.

Categories of individuals covered by the system:
    1. Current and former Finance Board employees, others involved in 
the Finance Board's programs or operations, and any other persons who 
are or have been under investigation by the Finance Board's Office of 
Inspector General (OIG) in order to determine whether these individuals 
have been or are engaging in waste, fraud or abuse with respect to the 
Finance Board's programs or operations or other activities that violate 
federal criminal laws.
    2. Complainants and witnesses where necessary for future retrieval.

Categories of records in the system:
    Files on individual investigations including investigative reports 
and related documents generated during the course of or subsequent to 
an investigation. It includes electronic and hard copy case tracking 
systems, databases containing investigatory information, ``Hotline'' 
telephone logs, and investigator workpapers and memoranda and letter 
referrals to management or others.

Authority for maintenance of the system:
    5 U.S.C. App. 4(a)(1) and 6(a)(2).

Purpose(s):
    These records are collected, maintained and used by the OIG in its 
inquiries and investigations and reports relating to the administration 
of the Finance Board's programs and operations and to manage the 
investigatory program.

Routine uses of records maintained in the system, including categories 
of users and purposes of such uses:
    Under normal circumstances, the OIG will not provide individually 
identifiable records. However, under those unusual circumstances when 
the OIG must release information contained in an individually 
identifiable record, the OIG will maintain proper safeguards to protect 
the information from unwarranted invasion of personal privacy. Subject 
to this general limitation, these records, or information therefrom, 
may be disclosed as a routine use to:
    1. The appropriate federal, state or local agency or authority 
responsible for investigating or prosecuting a violation or potential 
violation of a criminal or civil law, rule or regulation or for 
enforcing or implementing a statute, rule or regulation if information 
in the system of records indicates such a violation.
    2. A court, magistrate or administrative tribunal in the course of 
presenting evidence, including disclosures to counsel or witnesses in 
the course of civil discovery, litigation, or settlement negotiations 
or in connection with criminal proceedings.
    3. A congressional office in response to an inquiry made at the 
request of the subject individual.
    4. Any source, including a federal, state or local agency 
maintaining civil, criminal or other relevant enforcement information 
or other pertinent information, but only to the extent necessary for 
the OIG to obtain information relevant to an OIG investigation.
    5. Another federal agency in response to a request made in 
connection with the hiring or retention of an individual, the issuance 
of a security clearance, the reporting of an investigation of an 
individual, the letting of a contract or issuance of a grant, license 
or other benefit by the requesting agency, but only to the extent that 
the information disclosed is necessary and relevant to the requesting 
agency's decision on the matter.
    6. Other federal entities, such as other federal Offices of 
Inspector General or

[[Page 39951]]

the General Accounting Office, or to a private party with which the OIG 
or the Finance Board has contracted for the purpose of auditing or 
reviewing the performance or internal management of the OIG's 
investigatory program, provided the record will not be transferred in a 
form that is individually identifiable, and provided further that the 
entity acknowledges in writing that it is required to maintain Privacy 
Act safeguards for the information.
    In addition to the foregoing routine uses, a record which is 
contained in this system and derived from another Finance Board system 
of records may be disclosed as a routine use as specified in the 
Federal Register notice of the system of records from which the records 
derived.

Disclosure to consumer reporting agencies:
    None.

Policies and practice for storing, retrieving, accessing, retaining and 
disposing of records in the system:
Storage:
    Records are maintained in file folders, computer disks, electronic 
media and reports on each investigation.

Retrievability:
    Records generally are indexed by name of person under 
investigation, investigation number, referral number or investigative 
subject matter.

Safeguards:
    File folders are maintained in safes or lockable metal file 
cabinets stored in offices that are locked when not in use. Computer 
disks and electronic media are locked in the lockable metal file 
cabinets with their related file folders, and information not so 
lockable is kept in individual offices in locked or passworded computer 
hardware. Access to the information in the cabinets and individual 
offices is permitted only by and to specifically authorized personnel.

Retention and disposal:
    Records in file folders are retained as long as needed and then 
destroyed by shredding. Computer disks are cleared, retired, or 
destroyed when no longer useful. Entries on electronic media are 
deleted or erased when no longer needed.

System manager(s) and address:
    Office of Inspector General, Federal Housing Finance Board, 1777 F 
Street, NW, Washington, DC 20006.

Notification procedure:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Official, Federal 
Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, in 
accordance with the procedures set forth in 12 CFR part 913.

Record access procedures:
    Direct requests for access to a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, 
in accordance with the procedures set forth in 12 CFR part 913.

Contesting record procedures:
    Direct requests to amend a record to the Privacy Act Official, 
Federal Housing Finance Board, 1777 F Street, NW, Washington, DC 20006, 
in accordance with the procedures set forth in 12 CFR part 913.

Record source categories:
    The OIG collects information from many sources including the 
subject individuals, employees of the Finance Board and the Federal 
Home Loan Bank System, other government sources, witnesses and 
informants, and nongovernmental sources.

Exemptions claimed for the system:
    Pursuant to 5 U.S.C. 552a(k)(5), a record contained in this system 
is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f), to the extent that the records consists of 
investigatory material compiled:
    (1) For law enforcement purposes; or
    (2) For the purpose of determining suitability, eligibility or 
qualifications for federal civilian employment or federal contracts, 
and if disclosure of the record would reveal the identity of a source 
who furnished information to the government under an express promise 
that his or her identity would be held in confidence.
    Notwithstanding the exemption, the Finance Board will provide a 
record if any right, privilege or benefit to which an individual would 
otherwise be entitled by Federal law, or for which the individual 
otherwise would be eligible, is denied as a result of the maintenance 
of the record, except to the extent that disclosure of the record would 
reveal the identity of a source who furnished information to the 
government under an express promise that his or her identity would be 
held in confidence.

    Dated: June 18, 2003.

    By the Federal Housing Finance Board.
Arnold Intrater,
General Counsel.
[FR Doc. 03-16561 Filed 7-2-03; 8:45 am]
BILLING CODE 6725-01-P