[Federal Register Volume 90, Number 243 (Monday, December 22, 2025)]
[Notices]
[Pages 59805-59807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23611]
[[Page 59805]]
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CONSUMER FINANCIAL PROTECTION BUREAU
[Docket No: CFPB-2025-0054]
Privacy Act of 1974; System of Records
AGENCY: Consumer Financial Protection Bureau.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Consumer
Financial Protection Bureau (CFPB or Bureau) proposes to modify a
current Privacy Act System of Records titled, ``CFPB.009 Employee
Administrative Records System.'' This system of records enables the
CFPB to manage and administer human capital functions, including
personnel actions, payroll, human resources, time and attendance,
leave, insurance, tax, retirement and other employee benefits, among
others.
DATES: Comments must be received no later than January 21, 2026. The
new system of records will be effective January 21, 2026 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-2025-0054), by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. A brief summary of
this document will be available at https://www.regulations.gov/docket/
CFPB-2025-0054.
Email: [email protected]. Include Docket No. CFPB-2025-0054
in the subject line of the email.
Mail/Hand Delivery/Courier: Kathryn Fong, Chief Privacy
Officer, Consumer Financial Protection Bureau, 1700 G Street NW,
Washington, DC 20552, (202) 435-7058. Because paper mail in the
Washington, DC area and at CFPB is subject to delay, commenters are
encouraged to submit comments electronically.
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. 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. Sensitive
personal information, such as account numbers or Social Security
numbers, should not be included.
FOR FURTHER INFORMATION CONTACT: Kathryn Fong, Chief Privacy Officer,
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC
20552; (202) 435-7058. If you require this document in an alternative
electronic format, please contact [email protected]. Please
do not submit comments to this email box.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, the CFPB is modifying a system of records titled,
``CFPB.009 Employee Administrative Records System.'' This modified
system of records includes a new routine use to enable disclosure of
records to the Department of Treasury, pursuant to Executive Order
14249, Protecting America's Bank Account Against Fraud, Waste, and
Abuse and Office of Management and Budget (OMB) Memorandum M-25-32,
Preventing Improper Payments and Protecting Privacy Through Do Not Pay.
CFPB is also modifying the purpose to clarify that records may be used
to prevent improper payment of funds.
The CFPB is also making non-substantive revisions to this SORN to
align with the Office of Management and Budget's recommended model in
Circular A-108, Appendix II. 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 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, and
prevent improper payment of funds.
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 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
[[Page 59806]]
complements OPM/GOVT-1 and this notice incorporates by reference but
does not repeat all the information contained in OPM/GOVT-1.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from individuals and
entities associated with benefits, retirement, human resource, and
payroll systems administration.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, and consistent with the CFPB's Disclosure
of Records and Information Rules, promulgated at 12 CFR part 1070, all
or a portion of the records or information contained in this system may
be disclosed outside the CFPB as a routine use 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 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 Executive 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 the U.S. Government and who have a
need to access the information in the performance of their mission,
including 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 CFPB;
(b) Any employee of the Bureau in their official capacity;
(c) Any employee of the Bureau in their individual capacity where
DOJ has agreed to represent the employee; or
(d) The United States, where the CFPB 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
benefits programs (e.g., State unemployment compensation 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.
(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 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
[[Page 59807]]
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.
(17) The U.S. Department of the Treasury when disclosure of the
information is relevant to review payment and award eligibility through
the Do Not Pay Working System for the purpose of identifying,
preventing, or recouping improper payments to an applicant for, or
recipient of, Federal funds, including funds disbursed by a State
(meaning a State of the United States, the District of Columbia, a
territory or possession of the United States, or a federally recognized
Indian tribe) in a state-administered, federally funded program.
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 notification and 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, Consumer Financial Protection Bureau, 1700 G Street
NW, Washington, DC 20552. Instructions are also provided on the CFPB
website: https://www.consumerfinance.gov/foia-requests/submit-request/.
CONTESTING RECORD PROCEDURES:
See ``Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
85 FR 48510; 81 FR 27104; 83 FR 23435; 78 FR 67340; 76 FR 71327.
Kathryn Fong,
Chief Privacy Officer, Consumer Financial Protection Bureau.
[FR Doc. 2025-23611 Filed 12-19-25; 8:45 am]
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