[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80300-80303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25371]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2023-N-14]


Privacy Act of 1974; System of Records

AGENCY: Federal Housing Finance Agency.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, (Privacy Act), the Federal Housing Finance Agency 
(FHFA or Agency) is proposing to modify the current FHFA system of 
records titled, ``FHFA-15, Payroll, Retirement, Time

[[Page 80301]]

and Attendance, and Leave Records'' (System). The system of records 
allows FHFA to manage human resources and payroll functions for the 
Agency. This modification is to: update the categories of records 
collected to include information related to work agreements; update the 
service provider used to maintain the payroll, retirement, and leave 
records contained in the system; correct and update the authority for 
maintaining the system; expand the system's purpose for the records 
collection; add new record source categories to be compatible with the 
new categories of records collected; revise and modify the routine uses 
to be consistent with FHFA's standard routine uses and those specific 
to this collection; and make other minor corrections and administrative 
updates to the remaining sections in the notice in accordance with OMB 
Circular A-108.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this modified 
system of records will go into effect without further notice on 
November 17, 2023, unless otherwise revised pursuant to comments 
received. Comments must be received on or before December 18, 2023. 
FHFA will publish a new notice if the effective date is delayed in 
order for the Agency to review the comments or if changes are made 
based on comments received.

ADDRESSES: Submit comments to FHFA, identified by ``No. 2023-N-14,'' 
using any one of the following methods:
     Agency Website: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. If you submit your 
comments to the Federal eRulemaking Portal, please also send it by 
email to FHFA at [email protected] to ensure timely receipt by FHFA. 
Please include ``Comments/No. 2023-N-14'' in the subject line of the 
message.
     Hand Delivered/Courier: The hand delivery address is: 
Clinton Jones, General Counsel, Attention: Comments/No. 2023-N-14, 
Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 
20219. The package should be delivered to the Seventh Street entrance 
Guard Desk, First Floor, on business days between 9 a.m. and 5 p.m., 
EST.
     U.S. Mail, United Parcel Service, Federal Express, or 
Other Mail Service: The mailing address for comments is: Clinton Jones, 
General Counsel, Attention: Comments/No. 2023-N-14, Federal Housing 
Finance Agency, 400 Seventh Street SW, Washington, DC 20219. Please 
note that all mail sent to FHFA via the U.S. Postal Service is routed 
through a national irradiation facility, a process that may delay 
delivery by approximately two weeks. For any time-sensitive 
correspondence, please plan accordingly.
    See SUPPLEMENTARY INFORMATION for additional information on 
submission and posting of comments.

FOR FURTHER INFORMATION CONTACT: Stacy Easter, Privacy Act Officer, 
[email protected] or (202) 649-3803; or Tasha Cooper, Senior Agency 
Official for Privacy, [email protected] or (202) 649-3091 (not toll-free 
numbers), Federal Housing Finance Agency, 400 Seventh Street SW, 
Washington, DC 20219. For TTY/TRS users with hearing and speech 
disabilities, dial 711 and ask to be connected to any of the contact 
numbers above.

SUPPLEMENTARY INFORMATION:

I. Comments

    FHFA seeks public comments on the revisions to the system of 
records and will take all comments into consideration. See 5 U.S.C. 
552a(e)(4) and (11). In addition to referencing ``Comments/No. 2023-N-
14,'' please reference ``FHFA-15, Payroll, Retirement, Time and 
Attendance, and Leave Records.''
    FHFA will make all comments timely received available for 
examination by the public through the electronic comment docket for 
this notice, which is located on the FHFA website at https://www.fhfa.gov. All comments received will be posted without change and 
will include any personal information you provide, such as name, 
address (mailing and email), telephone numbers, and any other 
information you provide.

II. Introduction

    This notice informs the public of FHFA's proposed revisions to an 
existing system of records. This notice satisfies the Privacy Act 
requirement that an agency publishes a system of records notice in the 
Federal Register when there is an addition or change to an agency's 
system of records. Congress has recognized that application of all 
requirements of the Privacy Act to certain categories of records may 
have an undesirable and often unacceptable effect upon agencies in the 
conduct of necessary public business. Consequently, Congress 
established general exemptions and specific exemptions that could be 
used to exempt records from provisions of the Privacy Act. Congress 
also required that exempting records from provisions of the Privacy Act 
would require the head of an agency to publish a determination to 
exempt a record from the Privacy Act as a rule in accordance with the 
Administrative Procedure Act. Records and information in this system of 
records are not exempt from the requirements of the Privacy Act.
    As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to 
section 7 of Office of Management and Budget (OMB) Circular No. A-108, 
``Federal Agency Responsibilities for Review, Reporting, and 
Publication under the Privacy Act,'' prior to publication of this 
notice, FHFA submitted a report describing the system of records 
covered by this notice to the OMB, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate.

III. Revised System of Records

    The revised system of records notice is set out in its entirety and 
described in detail below. The proposed modification to the System 
makes the following substantive and non-substantive changes:
    (1) Adds new categories of records collected in the system to allow 
FHFA to collect and maintain information related to employee work 
agreements.
    (2) Updates the service provider used to maintain the payroll, 
retirement, and leave records system from the National Finance Center 
to the Interior Business Center.
    (3) Adds a new authority, Telework Enhancement Act of 2010 (5 
U.S.C. 6501-6506), to allow for the collection and maintenance of the 
new proposed category, and corrects other authorities listed.
    (4) Expands the system's purpose for collecting the information to 
include the collection of employee work agreements.
    (5) Expands the system's record source categories to include 
employee work agreements.
    (6) Revises the existing routine uses to be consistent with FHFA's 
standard routine uses and those specific to this collection. Routine 
use 1 has been revised but remains in the same numerical position; a 
new routine use 2 has been added and the former routine use 2 has been 
revised and is now routine use 3; former routine use 3 has been revised 
and is now routine use 4; former routine uses 4-6 have been deleted; 
new routine uses 6, 8-9 have been added; routine use 7 has been revised 
but remains in the same numerical position; former routine use 8 has 
been deleted; former routine use 9

[[Page 80302]]

has been revised and is now routine use 5; former routine uses 10-14 
have been deleted; and former routine uses 15-24 remain unchanged in 
text but are now numerically routine uses 10-19.
    (7) Makes minor corrections and other administrative updates to the 
remaining sections of the notice in accordance with OMB Circular A-108.

SYSTEM NAME AND NUMBER:
    Payroll, Retirement, Time and Attendance, and Leave Records, FHFA-
15.

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    Federal Housing Finance Agency, 400 Seventh Street SW, Washington, 
DC 20219, and any alternate work site utilized by employees of FHFA, 
including contractors assisting agency employees, and Department of the 
Interior, Interior Business Center, 7301 W Mansfield Avenue, Lakewood, 
CO 80235.

SYSTEM MANAGER(S):
    Office of Human Resources Management, 400 Seventh Street SW, 
Washington, DC 20219, and any alternate work site utilized by employees 
of FHFA, including contractors assisting agency employees; General 
Counsel, Office of General Counsel, (202) 649-3065, Federal Housing 
Finance Agency; and Department of the Interior, Interior Business 
Center, 7301 W Mansfield Avenue, Lakewood, CO 80235.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; Telework Enhancement Act of 2010 (5 U.S.C. 6501-
6506); The Federal Home Loan Bank Act (12 U.S.C. 1421-1449) and Federal 
Housing Enterprises Financial Safety and Soundness Act of 1992 (12 
U.S.C. 4501, et seq.), as amended by the Housing and Economic Recovery 
Act of 2008, Public Law 110-289, 122 Stat. 2654.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system of records is for FHFA's operations for 
payroll, time and attendance, leave, insurance, tax, retirement, 
qualifications, and benefits; to prepare related reports to other 
federal agencies including the Department of Treasury and the Office of 
Personnel Management; and to locate FHFA employees and determine such 
matters as their position, period of service, type of leave, 
qualifications, benefits, pay, work history, and work agreements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system contains records on current and former employees, 
detailees, interns, fellows, political appointees, and other persons 
who work at FHFA under the Intergovernmental Personnel Act. This system 
may also include limited information regarding employees' spouses, 
dependents, emergency contacts, beneficiaries, or estate trustees who 
meet the definition of ``individual'' as defined in the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in the system include the individual's name; home 
address and alternate work location; telephone numbers; Social Security 
number; organization code; pay rate; salary; grade; length of service; 
pay and leave records; source documents for posting time and leave 
attendance; deductions for Medicare; Old-Age, Survivors, and Disability 
Insurance (OASDI, also known as Social Security); bonds; Federal 
Employee Group Life Insurance; union dues; taxes; allotments; 
retirement; charities; Federal and commercial health benefits; Flexible 
Spending Account; Long Term Care Insurance; Thrift Savings Plan 
contributions; 401k plan contributions; award; shift schedules; pay 
differential; tax lien data; wage garnishments; work agreements, 
locations, and schedules; and any other information pertaining to 
payroll, retirement, time and attendance, and leave. The payroll, 
retirement, and leave records described in this notice form a part of 
the information contained in the Federal Personnel and Payroll System 
(FPPS) in the Interior Business Center (IBC). Personnel and payroll 
records contained in IBC are covered under the government-wide system 
of records notices published by the Office of Personnel Management 
(OPM/GOVT-1 and OPM/GOVT-5).

RECORD SOURCE CATEGORIES:
    Records source is from individuals on whom the records are 
maintained, official personnel and payroll records of individuals on 
whom the records are maintained, work agreements, time and attendance 
records, withholding certificates, third-party benefit providers, and 
other pay-related records prepared by the individual or the Office of 
Human Resources. Records and information covered by this SORN are 
obtained directly from the individual and the individual's supervisor.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records and information contained 
therein may specifically be disclosed outside of FHFA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows, to the extent such 
disclosures are compatible with the purposes for which the information 
was collected:
    (1) To appropriate agencies, entities, and persons when--(a) FHFA 
suspects or has confirmed that there has been a breach of the system of 
records; (b) FHFA has determined that as a result of a suspected or 
confirmed breach there is a risk of harm to individuals, FHFA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (c) the disclosure made 
to such agencies, entities, and persons as reasonably necessary to 
assist with FHFA's efforts to (i) respond to a suspected or confirmed 
breach or (ii) prevent, minimize, or remedy harm caused by such breach.
    (2) To a federal agency or federal entity, when FHFA determines 
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 to national security, resulting from a suspected or 
confirmed breach.
    (3) When there is an indication of a violation or potential 
violation of law (whether civil, criminal, or regulatory in nature, and 
whether arising by general statute or particular program statute or by 
regulation, rule, or order issued pursuant thereto), the relevant 
records in the system of records may be referred, as a routine use, to 
the appropriate agency (e.g., federal, state, local, tribal, foreign, 
or a financial regulatory organization) charged with the responsibility 
of investigating or prosecuting such violation or charged with 
enforcing or implementing a statute, rule, regulation, or order issued 
pursuant thereto.
    (4) To any individual during the course of any inquiry or 
investigation conducted by FHFA, or in connection with civil 
litigation, if FHFA has reason to believe the individual to whom the 
record is disclosed may have further information about the matters 
related thereto, and those matters appeared to

[[Page 80303]]

be relevant and necessary at the time to the subject matter of the 
inquiry.
    (5) To any contractor, agent, or other authorized individual 
performing work on a contract, service, cooperative agreement, job, or 
other activity on behalf of FHFA who has a need to access the 
information in the performance of their official duties or activities.
    (6) To appropriate third parties contracted by FHFA to facilitate 
mediation or other dispute resolution procedures or programs.
    (7) To outside counsel contracted by FHFA, the U.S. Department of 
Justice (DOJ) (including United States Attorney Offices), or other 
federal agencies conducting litigation or in proceedings before any 
court, or adjudicative or administrative body, when it is relevant and 
necessary to the litigation and one of the following is a party to the 
litigation or has an interest in such litigation:
    a. FHFA;
    b. Any employee of FHFA in his/her official capacity;
    c. Any employee of FHFA in his/her individual capacity where DOJ or 
FHFA has agreed to represent the employee; or
    d. The United States or any agency thereof that is a party to the 
litigation or has an interest in such litigation, and FHFA determines 
that the records are both relevant and necessary to the litigation.
    (8) To the National Archives and Records Administration or other 
federal agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (9) To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is relevant and necessary to such audit or 
oversight functions.
    (10) To the Department of the Treasury, Bureau of the Public Debt 
to provide financial management services and systems, including local 
and temporary duty travel, involving FHFA employees.
    (11) To the Internal Revenue Service and appropriate State and 
local taxing authorities.
    (12) To appropriate Federal agencies to effect salary or 
administrative offsets, or for other purposes connected with the 
collection of debts owed to the United States.
    (13) To the Office of Child Support Enforcement, Administration for 
Children and Families, Department of Health and Human Services for 
purposes of locating individuals to establish paternity and establish 
and modify orders of child support enforcement actions as required by 
the Personal Responsibility and Work Opportunity Reconciliation Act, 
the Federal Parent Locator System, and the Federal Tax Offset System.
    (14) To the Office of Child Support Enforcement for release to the 
Social Security Administration for verifying Social Security numbers in 
connection with the operation of the Federal Parent Locator System by 
the Office of Child Support Enforcement.
    (15) To the Office of Child Support Enforcement for release to the 
Department of Treasury for purposes of administering the Earned Income 
Tax Credit Program and verifying a claim with respect to employment in 
a tax return.
    (16) To commercial benefit providers, carriers, vendors, contractor 
personnel, and agents to process claims and provide related 
administrative services involving FHFA employees.
    (17) To any Federal, state, or local government agency compiling 
tax withholding, retirement contributions, or allotments to charities, 
labor unions, wage garnishments, and other authorized recipients.
    (18) To any member of the public for employment verification at an 
employee's written request.
    (19) To any judgment creditor for the purpose of wage garnishment.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained in electronic format. Electronic records 
are stored in computerized databases on FHFA's secured network. All 
paper and magnetic disk or tape records previously collected in the 
system have been moved offsite to Federal Records Centers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records are retrieved by the individual's name, Social Security 
number, birthdate, or some other personal identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records are retained and managed in accordance with FHFA's 
Comprehensive Records Schedule (CRS) Item 1.3a--Administrative Policies 
for 30 years and the National Archives and Records Administration's 
General Records Schedule (GRS) 2.4--Employee Compensation and Benefits 
Records. Records are destroyed or deleted according to the retention 
schedule associated with the GRS Item, but longer retention is 
authorized for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records are safeguarded in a secured environment and 
protected by controlled access procedures through the use of access 
codes and other information technology security measures. Buildings 
where records and computerized systems are stored have security cameras 
and 24-hour security guard service. Access to records is restricted to 
only FHFA staff (and FHFA contractors assisting such staff) in the 
performance of official duties related to the purposes for which the 
system is maintained. The System Owner controls access to this System 
and limits access in accordance with the above.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and/or amendment of records about 
themselves contained in this System should follow the ``Notification 
Procedures'' below.

CONTESTING RECORD PROCEDURES:
    Individuals seeking access to and/or amendment of records about 
themselves contained in this System should follow the ``Notification 
Procedures'' below.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of any records about themselves 
contained in this System should address their inquiry to the Privacy 
Act Officer via email to [email protected], by mail to the Federal 
Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219, or 
in accordance with the procedures set forth in 12 CFR part 1204. Please 
note that all mail sent to FHFA via the U.S. Postal Service is routed 
through a national irradiation facility, a process that may delay 
delivery by approximately two weeks. For any time-sensitive 
correspondence, please plan accordingly.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The system of records was last published in full in the Federal 
Register at 77 FR 499 (Jan. 5, 2012), revised at 80 FR 60900 (Oct. 8, 
2015).

Clinton Jones,
General Counsel, Federal Housing Finance Agency.
[FR Doc. 2023-25371 Filed 11-16-23; 8:45 am]
BILLING CODE 8070-01-P