[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48510-48512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16291]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2020-0025]


Privacy Act of 1974; System of Records

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a modified Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Bureau of Consumer Financial Protection, hereinto referred to as the 
Consumer Financial Protection Bureau (Bureau), gives notice of the 
establishment of a revised Privacy Act System of Records. This revised 
system will collect information related to alternative dispute 
resolution processes; and the revised notice will clarify its 
applicability to time and attendance records.

DATES: Comments must be received no later than August 10, 2020. The 
modified system of records will be effective August 10, 2020, unless 
the comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above Docket No. CFPB-2020-0025), by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected].
     Mail/Hand Delivery/Courier: Tannaz Haddadi, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1700 G Street NW, 
Washington, DC 20552. Please note that due to circumstances associated 
with the COVID-19 pandemic, the Bureau discourages the submission of 
comments by mail, hand delivery, or courier.
    All submissions must include the agency name and docket number for 
this notice. In general, all comments received will be posted without 
change to http://www.regulations.gov. In addition, once the Bureau's 
headquarters reopens, comments will be available for public inspection 
and copying at 1700 G Street NW, Washington, DC 20552, on official 
business days between the hours of 10 a.m. and 5 p.m. Eastern Time. At 
that time, you can make an appointment to inspect comments by 
telephoning (202) 435-9169. All comments, including attachments and 
other supporting materials, will become part of the public record and 
subject to public disclosure. You should submit only information that 
you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Tannaz Haddadi, Chief Privacy Officer, 
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 
20552, (202) 435-7058.

SUPPLEMENTARY INFORMATION: The Bureau revises its Privacy Act System of 
Records Notice (SORN) ``CFPB.009--Employee Administrative Records 
System.'' The Bureau modifies the purpose(s) for which the system is 
maintained and the categories of records in the system to state that 
information in the system will be used to facilitate alternative 
dispute resolution processes. The SORN is also modified to clarify its 
applicability to time and attendance records and in adherence to 
routine uses specified in OMB M-17-12, ``Preparing for and Responding 
to a Breach of Personally Identifiable Information'' (Jan. 2017).\1\
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    \1\ Although pursuant to section 1017(a)(4)(E) of the Consumer 
Financial Protection Act, Public Law 111-203, the Bureau is not 
required to comply with OMB-issued guidance, it voluntarily follows 
OMB privacy-related guidance as a best practice and to facilitate 
cooperation and collaboration with other agencies.
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    The report of the revised system of records has been submitted to 
the Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget, 
pursuant to OMB Circular A-108, ``Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act'' (Dec. 2016), 
and the Privacy Act of 1974, 5 U.S.C. 552a(r).

SYSTEM NAME AND NUMBER:
    CFPB.009--Employee Administrative Records System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Consumer Financial Protection Bureau, 1700 G Street NW, Washington, 
DC 20552.

SYSTEM MANAGER(S):
    Consumer Financial Protection Bureau, Chief Operating Officer, 1700 
G Street NW, Washington, DC 20552.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 5492-93, 5511; 31 U.S.C. 3721; 42 U.S.C. 2000e-16; 42 
U.S.C. 1981 note.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to enable the Bureau to manage and 
administer human capital functions, including personnel actions, 
payroll, human resources, time and attendance, leave, insurance, tax, 
retirement and other employee benefits, employee claims for loss or 
damage to personal property, alternative dispute resolution processes, 
and to prepare related reports to other Federal agencies. The 
information will also be used for administrative purposes to ensure 
quality control, performance, and improving management processes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former Bureau employees, volunteers, detailees, 
applicants, and persons who work at the Bureau (collectively 
employees), and their named dependents and/or beneficiaries, their 
named emergency contacts, and individuals who have been extended offers 
of employment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system may contain identifiable information about 
individuals including, without limitation: (1) Identification and 
contact information, including name, address, email address, phone 
number and other contact information; (2) employee emergency contact 
information, including name, phone number, relationship to employee or 
emergency contact; (3) Social Security number (SSN), employee ID 
number, organization code, pay rate, salary, grade, length of service, 
and other related pay and leave records including payroll data; (4) 
biographic and demographic data, including date of

[[Page 48511]]

birth and marital or domestic partnership status; (5) employment-
related information such as performance reports, training, professional 
licenses, certification, and memberships information, alternative 
dispute resolution processes, fitness center membership information, 
union dues, employee claims for loss or damage to personal property, 
and other information related to employment by the Bureau; (6) benefits 
data, such as health, life, travel, and disability insurance 
information; (7) retirement benefits information and flexible spending 
account information; and (8) time and attendance records.
    General personnel and administrative records contained in this 
system are covered under the government-wide systems of records notice 
published by the Office of Personnel Management (OPM/GOVT-1). This 
system complements OPM/GOVT-1 and this notice incorporates by reference 
but does not repeat all the information contained in OPM/GOVT-1.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records may be disclosed, consistent with the Bureau's 
Disclosure of Records and Information Rules, promulgated at 12 CFR 1070 
et seq., to:
    (1) Appropriate agencies, entities, and persons when (a) the Bureau 
suspects or has confirmed that there has been a breach of the system of 
records; (b) the Bureau has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Bureau (including its information systems, programs, and 
operations), the Federal Government, or national security; and (c) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Bureau's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm;
    (2) Another Federal agency or Federal entity, when the Bureau 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach;
    (3) Another Federal or State agency to (a) permit a decision as to 
access, amendment or correction of records to be made in consultation 
with or by that agency, or (b) verify the identity of an individual or 
the accuracy of information submitted by an individual who has 
requested access to or amendment or correction of records;
    (4) The Office of the President in response to an inquiry from that 
office made at the request of the subject of a record or a third party 
on that person's behalf;
    (5) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (6) Contractors, agents, or other authorized individuals performing 
work on a contract, service, cooperative agreement, job, or other 
activity on behalf of the Bureau or Federal Government and who have a 
need to access the information in the performance of their duties or 
activities;
    (7) The Department of Justice (DOJ) for its use in providing legal 
advice to the Bureau or in representing the Bureau in a proceeding 
before a court, adjudicative body, or other administrative body, where 
the use of such information by the DOJ is deemed by the Bureau to be 
relevant and necessary to the advice or proceeding, and such proceeding 
names as a party in interest:
    (a) The Bureau;
    (b) Any employee of the Bureau in his or her official capacity;
    (c) Any employee of the Bureau in his or her individual capacity 
where DOJ has agreed to represent the employee; or
    (d) The United States, where the Bureau determines that litigation 
is likely to affect the Bureau or any of its components;
    (8) A grand jury pursuant either to a Federal or State grand jury 
subpoena, or to a prosecution request that such record be released for 
the purpose of its introduction to a grand jury, where the subpoena or 
request has been specifically approved by a court. In those cases where 
the Federal Government is not a party to the proceeding, records may be 
disclosed if a subpoena has been signed by a judge;
    (9) A court, magistrate, or administrative tribunal in the course 
of an administrative proceeding or judicial proceeding, including 
disclosures to opposing counsel or witnesses (including expert 
witnesses) in the course of discovery or other pre-hearing exchanges of 
information, litigation, or settlement negotiations, where relevant or 
potentially relevant to a proceeding, or in connection with criminal 
law proceedings;
    (10) Appropriate agencies, entities, and persons to the extent 
necessary to obtain information relevant to current and former Bureau 
employees' benefits, compensation, and employment;
    (11) Appropriate Federal, State, local, foreign, tribal, or self-
regulatory organizations or agencies responsible for investigating, 
prosecuting, enforcing, implementing, issuing, or carrying out a 
statute, rule, regulation, order, policy, or license if the information 
may be relevant to a potential violation of civil or criminal law, 
rule, regulation, order, policy, or license;
    (12) National, State or local income security and retirement 
agencies or entities involved in administration of employee retirement 
and benefits programs (e.g., State unemployment compensation agencies 
and State pension plans) and any of such agencies' contractors or plan 
administrators, when necessary to determine employee eligibility to 
participate in retirement or employee benefits programs, process 
employee participation in those programs, process claims with respect 
to individual employee participation in those programs, audit benefits 
paid under those programs, or perform any other administrative function 
in connection with those programs;
    (13) An executor of the estate of a current or former employee, a 
government entity probating the will of a current or former employee, a 
designated beneficiary of a current or former employee, or any person 
who is responsible for the care of a current or former employee, where 
the employee has died, has been declared mentally incompetent, or is 
under other legal disability, to the extent necessary to assist in 
obtaining any employment benefit or working condition for the current 
or former employee;
    (14) The Internal Revenue Service (IRS) and other governmental 
entities that are authorized to tax employees' compensation with wage 
and tax information in accordance with a withholding agreement with the 
Bureau pursuant to 5 U.S.C. 5516, 5517, and 5520, for the purpose of 
furnishing employees with IRS Forms W-2 that report such tax 
distributions;
    (15) Unions recognized as exclusive bargaining representatives 
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111, 7114; and
    (16) Carriers, providers and other Federal agencies involved in 
administration of employee retirement and benefits programs and such 
agencies' contractors or plan administrators, when necessary to 
determine employee eligibility to participate in retirement and 
benefits programs, process employee participation in those programs, 
process

[[Page 48512]]

claims with respect to individual employee participation in those 
programs, audit benefits paid under those programs, or perform any 
other administrative function in connection with those programs and 
Federal agencies that perform payroll and personnel processing and 
employee retirement and benefits plan services under interagency 
agreements or contracts, including the issuance of paychecks to 
employees, the distribution of wages, the administration of deductions 
from paychecks for retirement and benefits programs, and the 
distribution and receipt of those deductions. These agencies include, 
without limitation, the Department of Labor, the Department of Veterans 
Affairs, the Social Security Administration, the Federal Retirement 
Thrift Investment Board, the Department of Defense, OPM, the Board of 
Governors of the Federal Reserve System, the Department of the 
Treasury, and the National Finance Center at the U.S. Department of 
Agriculture.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained in paper and electronic media. Access to 
electronic records is restricted to authorized personnel who have been 
issued non-transferrable access codes and passwords. Other records are 
maintained in locked file cabinets or rooms with access limited to 
those personnel whose official duties require access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by a variety of fields including, without 
limitation, the individual's name, SSN, address, account number, 
transaction number, phone number, date of birth, or by some combination 
thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Bureau will manage these Federal records in accordance with the 
National Archive and Records Administration (NARA) General Records 
Schedules (GRS): GRS 1.1, GRS 1.2, GRS 2.1, GRS 2.2, GRS 2.3, GRS 2.4, 
GRS 2.5, GRS 2.7, GRS 5.6, GRS 5.7, and GRS 6.4 depending on the record 
type and the corresponding disposition of that record type.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to electronic records is restricted to authorized personnel 
who have been issued non-transferrable access codes and passwords. 
Other records are maintained in locked file cabinets or rooms with 
access limited to those personnel whose official duties require access.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to any record contained in this system 
of records may inquire in writing in accordance with instructions in 12 
CFR 1070.50 et seq. Address such requests to: Chief Privacy Officer, 
Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, 
DC 20552. Instructions are also provided on the Bureau website: https://www.consumerfinance.gov/foia-requests/submit-request/.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest the content of any record contained 
in this system of records may inquire in writing in accordance with 
instructions in 12 CFR 1070.50 et seq. Address such requests to: Chief 
Privacy Officer, Bureau of Consumer Financial Protection, 1700 G Street 
NW, Washington, DC 20552. Instructions are also provided on the Bureau 
website: https://www.consumerfinance.gov/privacy/amending-and-correcting-records-under-privacy-act/.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    81 FR 27104; 83 FR 23435; 78 FR 67340; 76 FR 71327.

SIGNING AUTHORITY:
    The Senior Agency Official for Privacy, Ren Essene, having reviewed 
and approved this document, is delegating the authority to 
electronically sign this document to Grace Feola, a Bureau Federal 
Register Liaison, for purposes of publication in the Federal Register.

    Dated: July 23, 2020.
Laura Galban,
Federal Register Liaison, Bureau of Consumer Financial Protection.
[FR Doc. 2020-16291 Filed 8-10-20; 8:45 am]
BILLING CODE 4810-AM-P