[Privacy Act Issuances (1995)]
[From the U.S. Government Publishing Office, www.gpo.gov]
FEDERAL DEPOSIT INSURANCE CORPORATION
TABLE OF CONTENTS
30-64-0001 Attorney--Legal Intern Applicant System.
30-64-0002 Financial Institutions Investigative and Enforcement
Records System.
30-64-0003 Administrative and Personnel Action System.
30-64-0004 Changes in Bank Control Ownership Records.
30-64-0005 Consumer Complaint and Inquiry System.
30-64-0006 Confidential Employee Financial Disclosure Statement
System.
30-64-0007 Employee Education System.
30-64-0008 [Reserved]
30-64-0009 Examiner, Training and Education Records.
30-64-0010 Investigative Files and Records.
30-64-0011 Vacancy Announcement Tracking System.
30-64-0012 Financial Information System.
30-64-0013 Insured Bank Liquidation Records.
30-64-0014 [Reserved]
30-64-0015 Unofficial Personnel System.
30-64-0016 Municipal Securities Dealers and Government Securities
Brokers/Dealers Personnel Records.
30-64-0017 Medical Records and Emergency Contact Information System.
30-64-0018 Grievance Records System.
30-64-0019 Prospective Investor System.
30-64-0020 Telephone Call Detail Records.
30-64-0021 Fitness Center Records System.
30-64-0022 Freedom of Information Act and Privacy Act Requests
System
30-64-0023 Affordable Housing Program Records System.
03-64-0024 Unclaimed Deposits Reporting System.
Appendix A-Federal Deposit Insurance Corporation Regional Offices
FDIC 30-64-0001
System name: Attorney--Legal Intern Applicant System--FDIC.
System location:
Office of the General Counsel, FDIC, 550 17th Street, NW, Washington,
DC 20429.
Categories of individuals covered by the system:
Applicants for the position of attorney or legal intern with the
General Counsel's office of the FDIC.
Categories of records in the system:
Contains correspondence from the applicants and individuals whose
names were provided by the applicants as references, applicants'
resumes, application forms, and, in some instances, comments of
individuals who interviewed applicants, documents relating to an
applicant's suitability or eligibility, and writing samples.
Authority for maintenance of the system:
Sec. 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed:
(1) In requesting information of individuals or concerns whose names
were supplied by the applicant as references and/or past or present
employers.
(2) To the United States Office of Personnel Management, the Merit
Systems Protection Board, the Office of Special Counsel, the Federal
Labor Relations Authority, an arbitrator, and the Equal Employment
Opportunity Commission, to the extent disclosure is necessary to carry
out the government-wide personnel management, investigatory,
adjudicatory and appellate functions within their respective
jurisdictions.
(3) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains.
(4) To 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.
(5) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order, when
the information indicates 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
File folders.
Retrievability:
Indexed by name; records of unsuccessful applicants are indexed first
by job position category and year, then by name.
Safeguards:
Maintained in lockable metal file cabinets.
Retention and disposal:
Records of unsuccessful applicants are retained two years after their
submission; records of successful applicants become a part of the
FDIC's Unofficial Personnel System (FDIC 30-64-0015) and are retained
two years after the successful applicant leaves the employ of the
FDIC.
System manager(s) and address:
General Counsel, FDIC, 550 17th Street, NW, Washington, DC 20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Unsuccessful applicants or those individuals with applications pending
before the FDIC who request their records must provide the job
position name and year in which they applied.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
The information is obtained from the applicants, references supplied
by the applicants, current and/or former employers of the applicants,
and FDIC employees who interviewed the applicants.
Systems exempted from certain provisions of the act:
Pursuant to section 310.13(b) of the FDIC's Rules and Regulations,
investigatory material compiled solely for the purpose of determining
suitability, eligibility, or qualifications for FDIC employment may be
withheld from disclosure to the extent that disclosure of such
material would reveal the identity of a source who furnished
information to the FDIC under a promise of confidentiality.
FDIC 30-64-0002
System name: Financial Institutions Investigative and
Enforcement Records System.
System location:
Division of Supervision, FDIC, 550 17th Street, NW, Washington, DC
20429. Computerized records of criminal referral reports and status
updates are managed by the Financial Crimes Enforcement Network
(FinCen), department of the Treasury, 2070 Chain Bridge Road, Vienna,
Virginia 22182, and stored in Detroit, Michigan. The Special
Activities Section, Division of Supervision, FDIC, the regional
offices thereof, and the Legal Division, FDIC, have on-line access to
the computerized database managed by FINCEN through individual work
statious that are linked to the database central computer.
Categories of individuals covered by the system:
(1) Individuals who participate or have participated in the conduct of
or who are or were connected with financial institutions, such as
directors, officers, employees, and customers, and who have been named
in criminal referrals, investigatory records, or administrative
enforcement orders or agreements. Financial institutions include
banks, savings and loan associations, credit unions, and other similar
institutions, whether or not federally insured and whether or not
established or proposed.
(2) Individuals, such as directors, officers, employees, proponents,
controlling shareholders, or person seeking control of financial
institutions, who are the subject of background checks designed to
uncover criminal activities bearing on the individual's fitness to be
a director, officer, employee, or controlling shareholder.
Categories of records in the system:
Contains, as pertinent, interagency or intra-agency correspondence or
memoranda; criminal referral reports; newspaper clippings; federal,
state, or local criminal law enforcement agency investigatory reports,
indictments and/or arrest an conviction information; and
administrative enforcement orders or agreements. Certain records
contained in this system (principally criminal investigation reports
prepared by the Federal Bureau of Investigation, Secret Service, and
other federal law enforcement agencies) are the property of those
agencies. Upon receipt of a request for such records, the FDIC will
immediately notify the proprietary agency of the request and seek
guidance with respect to disposition. The FDIC may forward the request
to that agency for processing in accordance with that agency's
regulations.
Authority for maintenance of the system:
Sections 5, 6, 7, 8, 9, 18, and 19 of the Federal Deposit Insurance
Act (12 U.S.C. 1815, 1816, 1817, 1818, 1819, 1828, 1829).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed:
(1) To 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.
(2) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order when
the information indicates 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.
(3) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains.
(4) To a financial institution affected by enforcement activities or
reported criminal activities.
(5) To other financial institution supervisory authorities.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained on file cards, in file folders, and on computer discs.
Retrievability:
Indexed by name of the individual.
Safeguards:
Index cards and file folders are maintained in lockable metal file
cabinets. Computer discs maintained at FDIC are accessed only by
authorized personnel. On-line access to the database managed by
FinCenis limited to authorized individuals who have been specified by
each participating agency and who have been issued a nontransferable
identifier or password.
Retention and disposal:
Records are retained for ten years from the date of the creation of
the record, then destroyed by shredder. Records contained on computer
discs are retained until no longer needed.
System manager(s) and address:
Director, Division of Supervision, FDIC, 550 17th Street, NW,
Washington, DC 20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
FDIC 30-64-0003
System name: Administrative and Personnel Action System.
System location: Office of the Executive Secretary, FDIC, 550 17th
Street NW, Washington, DC 20429. A security copy of certain
microfilmed portions of the records is located at 4801 Massachusetts
Avenue NW, Washington, DC 20016.
Categories of individuals covered by the system: Individuals who have
been the subject of administrative actions or personnel actions by
the FDIC Board of Directors or by standing committees of the FDIC
and individuals who have been the subject of administrative actions
by other officials under delegated authority.
Categories of records in the system: Contains minutes of the meetings of
the Board of Directors or standing committees and orders of the
Board of Directors, standing committees, or other officials as well
as annotations of entries into the minutes and orders.
Authority for maintenance of the system: Sections 8, 9, and 19 of the
Federal Deposit Insurance Act (12 U.S.C. 1818, 1819, 1829).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Information in the system
may be disclosed to a congressional office in response to an inquiry
made at the request of an individual to whom the record pertains.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Index cards, computer discs, minute ledgers, file folders, and
microfilm.
Retrievability: Indexed by name.
Safeguards: Index cards are stored in lockable metal file cabinets;
computer discs are accessed only by authorized personnel; minute
ledgers, file folders, and microfilm are stored in a vault.
Retention and disposal: Permanent.
System manager(s) and address: Executive Secretary, FDIC, 550 17th
Street NW, Washington, DC 20429.
Notification procedure: Requests must be in writing and addressed to the
Office of the Executive Secretary, FDIC, 550 17th Street NW,
Washington, DC 20429. Individuals requesting their own records must
provide their name and address.
Record access procedures: Same as ``Notification'' above.
Contesting record procedures: Same as ``Notification'' above.
Record source categories: Intra-agency records.
Systems exempted from certain provisions of the act: None.
FDIC 30-64-0004
System name: Changes in Bank Control Ownership Records.
System location:
Supervision, Enforcement & Surveillance Branch, Division of Bank
Supervision, FDIC, 550 17th Street, NW, Washington, DC 20429.
Categories of individuals covered by the system:
Individuals who have been involved in a change of bank control or
ownership of FDIC-insured banks or who filed or were a member of a
group that filed a Notice of Acquisition of Control of an FDIC-insured
bank.
Categories of records in the system:
For proposed transactions, the names of proposed acquirers; name and
location of the bank; number of shares to be acquired and outstanding;
date Change in Control Notice was accepted by the FDIC regional
office; name and location of the newspaper in which the notice was
published and date of publication. For consummated transactions, names
of sellers/transferors; names of purchasers/transferees and number of
shares owned after transaction; date of transaction on bank's books;
number of shares acquired and outstanding. If stock of a holding
company is involved, the name and location of the holding company and
the bank it controls.
Authority for maintenance of the system:
Sec. 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The information in the system is available to the general public.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained on file cards, in file folders, and on computer discs.
Retrievability:
Indexed by name of the individual.
Safeguards:
Index cards and file folders are maintained in lockable metal file
cabinets; computer discs are accessed only by authorized personnel.
Retention and disposal:
Records are retained until no longer needed.
System manager(s) and address:
Associate Director, Supervision, Enforcement & Surveillance Branch,
Division of Bank Supervision, FDIC, 550 17th Street, NW, Washington,
DC 20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Individuals requesting their own records must provide their name and
address.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Persons who are acquiring control of an FDIC-insured bank, the bank or
holding company in which control is changing or has changed; state and
federal financial institution supervisory authorities.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0005
System name: Consumer Complaint and Inquiry System.
System location:
Division of Compliance and Consumer Affairs, FDIC, 550 17th Street NW,
Washington, DC 20429, and designated FDIC regional offices for
complaints or inquiries originating within or involving an FDIC-
insureddespository institution located in an FDIC region. A list of
regional offices is available from the Office of Corporate
Communications, FDIC, 550- 17th Street NW, Washington, DC 20429, (202)
898-6996.
Categories of individuals covered by the system:
Individuals who have filed complaints or inquiries concerning
activities and practices of FDIC-insured depository institutions.
Categories of records in the system:
Contains correspondence and records of other communications between
the FDIC and the individuals filing complaints or making inquiries,
including copies of supporting documents supplied by the individual.
May contain correspondence between the FDIC-insured depository
institution in question and/or intraagency or interagency memoranda or
correspondence.
Authority for maintenance of the system:
Sec. 202(f) of title II of the Federal Trade Improvement Act (15
U.S.C. 57a(f)).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed:
(1) To the institution which is the subject of the complaint or
inquiry when necessary to investigate or resolve the complaint or
inquiry.
(2) To third party sources during the course of the investigation in
order to resolve the complaint or inquiry. Information that may be
disclosed under this routine use is limited to the name of the
complainant or inquirer and the nature of the complaint or inquiry.
(3) To the federal or state supervisory authority that has direct
supervision over the financial institution that is the subject of the
complaint or inquiry.
(4) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order issued
when the information indicates 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.
(5) To 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) To a congressional office in response to an inquiry made at the
request of the individual to whom the records pertain.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in file folders and on computer discs and tapes.
Retrievability:
Indexed by name of complainant or inquirer and/or specialized
identifying number.
Safeguards:
Maintained in lockable metal file cabinets; computer tapes and discs
are accessed by authorized personnel.
Retention and disposal:
Records are retained for two years after receipt unless updated by
correspondence received during the second year. Electronic records are
deleted from the electronic system and files are destroyed by
shredding.
System manager(s) and address:
Director, Division of Compliance and Consumer Affairs, FDIC, 550-17th
Street, NW, Washington, DC 20429. The appropriate FDIC regional
director for records maintained in FDIC regional offices.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
The request must contain the name and address of the complainant or
inquirer.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
The information is obtained from the individual on whom the record is
maintained; FDIC-insured depository institutions that are the subject
of the complaint; the appropriate agency, whether federal or state,
with supervisory authority over the institution; congressional offices
that may initiate the inquiry; and other parties providing information
to the FDIC in an attempt to resolve the complaint or inquiry.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0006
System name:
Confidential Employee Financial Disclosure Statement System.
System location:
Records are located in designated divisions and offices, and regional
and consolidated offices, to which individuals covered by the system
are assigned. Duplicate copies of the above records are maintained in
the Office of the Executive Secretary, FDIC, 550-17th Street, NW.,
Washington, DC 20429, for the purpose of certification of review and
resolution of conflicts of interest disclosed therein. A list of the
system locations is available from the Ethics Section, Office of the
Executive Secretary, FDIC, 550-17th Street, NW., Washington, DC 20429.
Categories of individuals covered by the system:
Current, former, and, in the case of item (1) below, prospective FDIC
officers, employees, and special government employees required to file
any of the following forms: (1) Confidential Financial Disclosure
Report; (2) Confidential Report of Indebtedness; (3) Confidential
Report of Interest in FDIC-Insured Depository Institution Securities;
(4) Confidential Report of Employment Upon Resignation; (5) Employee
Certification and Acknowledgement of Standards of Conduct Regulation
and Presidential Executive Orders; (6) Statement of Credit Card
Obligation in Insured State Nonmember Bank and Acknowledgement of
Conditions for Retention-Notice of Disqualification.
Categories of records in the system:
Information in this system includes data directly furnished by the
individual on the following six forms or related records that may be
generated in the course of the FDIC's administration of Executive
Order 12674, as modified by Executive Order 12731, 5 CFR part 2634, 5
CFR part 2635, 5 CFR part 3202, and 12 CFR part 336--Subpart C, or any
successor regulation thereto:
(1) Confidential Financial Disclosure Report--contains statements of
personal and family holdings, interests in business enterprises and
real property, creditors, and outside employment.
(2) Confidential Report of Indebtedness--contains information on
extensions of credit (loans and credit cards) by FDIC-insured
depository institutions or any affiliates or subsidiaries of FDIC-
insured depository institutions; may also contain memoranda and
correspondence relating to requests for approval of certain loans
extended by insured banks or affiliates thereof.
(3) Confidential Report of Interest in FDIC-Insured Depository
Institution Securities--contains a brief description of an employee's
direct or indirect interest in the securities of an FDIC-insured
depository institution or affiliate, including a depository
institution holding company, and the date and manner of acquisition or
divestiture; a brief description of an employee's direct or indirect
continuing financial interest through a pension or retirement plan,
trust or other arrangement, including arrangements resulting from any
current or prior employment or business association, with any FDIC-
insured depository institution, affiliate, or depository institution
holding company; and a certification acknowledging that the employee
has read and understands the rules governing the ownership of
securities in FDIC-insured depository institutions.
(4) Confidential Report of Employment Upon Resignation--contains
information as to the employee's prospective employer, the nature of
the business or organizational activities of the prospective employer,
the position the employee will occupy, dates of negotiation for such
employment, and the employee's official involvement, if any, with the
prospective employer.
Note: Information is no longer collected on this form. However,
previously collected records continue to be maintained for six years
from the date of filing. All such records will be destroyed by 1997
except for any which may be involved in an ongoing investigation.
(5) Employee Certification and Acknowledgement of Standards of Conduct
Regulation and Presidential Executive Orders--contains employee's
certification and acknowledgement that he or she: has received a copy
of the Standards of Ethical Conduct for Employees of the FDIC,
including Part I of Executive Order 12674, 5 CFR part 2635, and 12 CFR
part 336--subpart C, or any other supplemental regulations; has been
provided a minimum of one hour of official time to review them; has
been advised of the names, titles, office locations, and telephone
numbers of ethics officials responsible for answering ethics
questions; and has a positive responsibility to comply with the
standards of conduct.
(6) Confidential Statement of Credit Card Obligation in Insured State
Nonmember Bank and Acknowledgement of Conditions for Retention-Notice
of Disqualification--for Division of Supervision employees, identifies
FDIC-insured State nonmember depository institutions outside the
employee's region of assignment from which a credit card was obtained,
and employee certification that the credit cards listed were obtained
only under such terms and conditions as are available to the general
public, that the line of credit does not exceed $10,000, and that the
employee is aware of and understands the requirement for self-
disqualification from participation in matters affecting the creditors
identified.
Authority for maintenance of the system:
5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); 12
U.S.C. 1819(a); 26 U.S.C. 1043; E.O. 12674, 54 FR 15159, 3 CFR, 1989
Comp., p.215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990
Comp., p.306; 5 CFR 2634.103.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in this system may be disclosed, where the Director of the
U.S. Office of Government Ethics or the Chairman of the FDIC's Board
of Directors determines that good cause has been shown for such use:
(1) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order when
the information indicates 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.
(2) To a congressional office in response to an inquiry made at the
request of the individual.
(3) To any source where necessary to obtain information relevant to a
conflict-of-interest investigation or determination.
(4) To 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 the criminal proceedings.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in file folders.
Retrievability:
Indexed by name, and, in the Office of the Executive Secretary, on an
automated system also indexed by name. The automated system does not
index the names of prospective employees who are not selected for
employment.
Safeguards:
Maintained in lockable metal file cabinets in lockable offices and, in
the Office of the Executive Secretary, on a password-protected
automated index system.
Retention and disposal:
Records concerning prospective employees who are not selected for
employment are retained for one year and then destroyed by shredding
except that documents needed in an ongoing investigation will be
retained until no longer needed in the investigation. All other
records are retained for six years and then destroyed by shredding
(entries from automated computer index are deleted) except that
documents and computer index entries needed in an ongoing
investigation will be retained until no longer needed in the
investigation.
System manager(s) and address:
Ethics Counselor, Federal Deposit Insurance Corporation, 550 17th
Street, NW, Washington, DC 20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, Federal Deposit Insurance Corporation, 550 17th
Street, NW, Washington, DC 20429. The request must contain the name
and office of the individual covered by the system.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
The information is obtained from the individual on whom the record is
maintained or a person designated by him or her and from the FDIC's
Ethics Counselor and support personnel. Information may also be
obtained from the other parties to whom the FDIC has supplied
information in connection with evaluating the records maintained in
the Employee Financial Disclosure Statements system.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0007
System name: Employee Education System--FDIC.
System location:
Employee Development Branch, Office or Personnel Management, FDIC, 550
17th Street, NW, Washington, DC 20429; Division of Bank Supervision
Training Center, FDIC, 1701 N. Fort Myer Drive, Arlington, Virginia
22209, for all FDIC bank examiners; the appropriate FDIC regional
office for employees assigned to an FDIC region. (See Appendix A for
the location of FDIC regional offices.)
Categories of individuals covered by the system:
All present and former FDIC employees.
Categories of records in the system:
Contains the educational history of employees prior to their
employment with the FDIC, and educational progression of employees
while employed by the FDIC. Information includes employee's schools of
attendance, courses completed or enrolled in, dates of attendance,
tuition fees and expenses, and may include per diem and travel
expenses.
Authority for maintenance of the system:
Sec. 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819); Exec.
Order No. 9397, ``Numbering System for Federal Accounts Relating to
Individual Persons'' (Nov. 22, 1943).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Disclosure may be made: (1) To the United States Office of Personnel
Management, the Merit Systems Protection Board, the Office of Special
Counsel, the Federal Labor Relations Authority, an arbitrator, and the
Equal Employment Opportunity Commission, to the extent disclosure is
necessary to carry out the government-wide personnel management,
investigatory, adjudicatory and appellate functions within their
respective jurisdictions; (2) to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of the individual; (3) to
educational institutions for purposes of enrollment and verification
of employee attendance and performance; and (4) to vendors, carriers,
or other appropriate third parties, by the FDIC Office of Corporate
Audits, for the purpose of verification, confirmation, or
substantiation during the performance of audits or investigations.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
File folders and computer discs.
Retrievability:
File folders--alphabetically by name; computer discs--social security
number.
Safeguards:
File folders are stored in lockable metal file cabinets; computer
discs are accessed only by authorized personnel.
Retention and disposal:
Permanent retention.
System manager(s) and address:
Director, Office of Personnel Management, FDIC, 550 17th Street, NW,
Washington, DC 20429; Director, Division of Bank Supervision, FDIC,
550 17th Street, NW, Washington, DC 20429, for records maintained at
Division of Bank Supervision Training Center; the appropriate FDIC
regional director for records maintained in FDIC regional offices.
(See Appendix A for the location of FDIC regional offices.)
Notification procedure:
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
The information is obtained from the employee on whom the record is
maintained and the training institution in which the employee is
enrolled.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0008
System name: Chain Bank Report.
System location:
Division of Bank Supervision, FDIC, 550 17th Street, NW, Washington,
DC 20429, and FDIC regional offices. (See Appendix A for the location
of FDIC regional offices.)
Categories of individuals covered by the system:
Individuals who directly, indirectly, or in concert with others, own
or control a chain banking organization (two or more financial
institutions).
Categories of individuals covered by the system:
Contains names of individuals, information relating to the person's
ownership or control of banks or other financal institutions and
information relating to the bank or financial institution, such as
name, location, charter type, and date of last examination.
Authority for maintenance of the system:
12 U.S.C. 1817(j), 1819 and 1820(b).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed:
(1) To other financial institution supervisory authorities for: (a)
Coordination of examining resources when the chain banking
organization is composed of banks of financial institutions subject to
multiple supervisory juirisdiction; (b) coordination of evaluations
and analysis of the condition of the consolidated chain organization;
and (c) coordination of supervisory, corrective or enforcement
actions.
(2) To the appropriate Federal, State or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule regulation or order, when
the information indicates 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.
(3) To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings.
(4) To a Congressional office in response to an inquiry made at the
request of the individual to whom the record pertains.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is maintained in word processing or microprocessing
programs or hard copy printouts stored in file cabinets.
Retrievability:
Indexed by name of controlling individual(s).
Safeguards:
Information in word processing or microprocessing programs is accessed
only by authorized personnel; hard copy printouts will be stored in
lockable file cabinets or offices.
Retention and disposal:
Records are generally maintained in electronic storage disks in an on-
line capacity until needed. Certain records are archived in off-line
storage. All records, including those in printout form, are
periodically updated to reflect changes and maintained as long as
needed.
System manager(s) and address:
Director, Division of Bank Supervision, FDIC, 550 17th Street, NW,
Washington, DC 20429, and for the regional office, the regional
director (see Appendix A).
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
The request must contain (1) the requestor's name and address and (2)
the name and location of the controlled banks.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Examination reports and related materials; regulatory filings; and
Change in Bank Control Notices filed pursuant to 12 U.S.C. 1817(j).
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0009
System name: Examiner, Training and Education Records--FDIC.
System location:
Division of Bank Supervision Training Center, FDIC, 1701 N. Fort Myer
Drive, Arlington, Virginia 22209.
Categories of individuals covered by the system:
FDIC assistant examiners who have been candidates for determination of
progress to become a commissioned bank examiner (progress evaluation
candidates). FDIC examiners who attend, or have attended, graduate
schools of banking (graduate school of banking students).
Categories of records in the system:
Progress Evaluation Candidates--contains a statement of the
candidate's education, home address, date and place of birth, and
experience, a report of evaluation of a progress evaluation panel, the
consolidated findings of each progress evaluation panel member, the
candidate's case studies, basic work papers, and responses, and, in
the case of an unsuccessful candidate, the candidate's complete work
papers and responses, as well as the individual findings of each
progress evaluation panel member.
Graduate school of banking students--contains the student's name,
enrollment data, record of attendance, record of completion or
graduation and general correspondence between the FDIC and the
student's school of enrollment.
Authority for maintenance of the system:
Sec. 10(b) of the Federal Deposit Insurance Act (12 U.S.C. 1820(b)).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Disclosure may be made to: (1) The United States Office of Personnel
Management, the Merit Systems Protection Board, the Office of Special
Counsel, the Federal Labor Relations Authority, an arbitrator, and the
Equal Employment Opportunity Commission, to the extent disclosure is
necessary to carry out the government-wide personnel management,
investigatory, adjudicatory and appellate functions within their
respective jurisdictions; (2) to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of the individual; (3) to
educational institutions for purposes of enrollment and verification
of employee attendance and performance; and (4) to vendors, carriers,
or other appropriate third parties, by the FDIC Office of Corporate
Audits, for the purpose of verification, confirmation, or
substantiation during the performance of audits or investigations.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in file folders.
Retrievability:
Indexed by name.
Safeguards:
Maintained in lockable metal file cabinets.
Retention and disposal:
Progress evaluation candidates' records maintained for two years for
the successful candidate and then destroyed by shredder, records of
unsuccessful candidate retained until the candidate's successful
completion or until the candidate leaves the FDIC's employ. Graduate
school of banking student records are permanently retained.
System manager(s) and address:
Director, Division of Bank Supervision, FDIC, 550 17th Street, NW,
Washington, DC 20429.
Notification procedure:
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Progress evaluation candidates--the candidate, the candidate's
personnel record, and members of the candidate's progress evaluation
panel. Graduate school of banking students--the student, the student's
school, and the student's personnel record.
Systems exempted from certain provisions of the act:
Pursuant to section 310.13(c) of the FDIC's rules and regulations,
testing material used solely to assess individual qualifications for
appointment or promotion, the disclosure of which would compromise the
objectivity or fairness of the testing, evaluation or examination
process, may be withheld from disclosure.
FDIC 30-64-0010
System name: Investigative Files and Records.
System location: Office of Inspector General, FDIC, 550 17th Street, NW,
Washington, DC 20429.
Categories of individuals covered by the system: Employees of the FDIC
or other persons involved in the FDIC's programs or operations who
are or have been under investigation by the FDIC's Office of
Inspector General in order to determine whether such employees or
other persons have been or are engaging in fraud and abuse with
respect to the FDIC's programs or operations.
Categories of records in the system: Contains complete files on
individual investigations including investigation reports and
related documents generated during the course of or subsequent to
the investigation.
Authority for maintenance of the system:
Sec. 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819); sec. 8E
of the Inspector General Act of 1978, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Information in the system
may be disclosed:
(1) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order issued
when the information indicates 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.
(2) To 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) To a congressional office in response to an inquiry made at the
request of the individual to whom the records pertain.
(4) To a federal, state, or local agency maintaining civil, criminal,
or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary for the FDIC to
obtain information concerning the hiring or retention of an employee,
the issuance of a security clearance, the letting of a contract, the
issuance of a license, grant, or other benefit.
(5) To respond to a federal agency's request made 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 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) To other federal Offices of Inspector General for the purpose of
requesting peer review of FDIC Office of Inspector General
investigations, provided the record is transferred in a form that is
not individually identifiable.
In addition to the foregoing, a record which is contained in this
system and derived from another FDIC 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: File folders and computer discs.
Retrievability: Indexed by name of person under investigation,
investigation number, referral number, or investigative subject
matter.
Safeguards: File folders are maintained in lockable metal file cabinets
stored in offices that are locked after hours. Computer discs are
accessed only by authorized personnel.
Retention and disposal: File folders are retained as long as needed and
then destroyed by shredding. Computer discs are cleared, retired, or
destroyed when no longer useful.
Notification procedure: Requests must be in writing and addressed to the
Office of the Executive Secretary, FDIC, 550-17th Street, NW,
Washington, DC 20429. Individuals requesting their own records must
provide their name and address and a notarized statement attesting
to the individual's identity.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories: Subject individuals, employees of the FDIC,
other government employees, and witnesses and informants.
Systems exempted from certain provisions of the act: Pursuant to section
310.13(a) of the FDIC's rules and regulations. Investigatory
material compiled as part of this system for law enforcement
purposes is exempted from the provisions of sections 310.3 through
310.9 and section 310.10(d)(2) of the FDIC's rules and regulations
and may be withheld from disclosure to the extent that such
withholding is permissible under any of the exemptive provisions of
the Freedom of Information Act (5 U.S.C. 552). Pursuant to section
310.13(b) of the FDIC's rules and regulations, investigatory
material compiled solely for the purpose of determining suitability,
eligibility, or qualifications for FDIC employment is exempted from
the provisions of sections 310.3 through 310.9 and section
310.10(d)(2) of the FDIC's rules and regulations and may be withheld
from disclosure to the extent and disclosure of such material would
reveal the identity of a source who furnished information to the
FDIC under a promise of confidentiality and to the extent that such
withholding is permissible under any of the exemptive provisions of
the Freedom of Information Act.
FDIC 30-64-0011
System name:
Vacancy Announcement Tracking System.
System location:
Personnel Services Branch, Division of Administration, FDIC, 550--17th
Street, NW, Washington, DC 20429.
Categories of individuals covered by the system:
Individuals filing applications for employment with the FDIC in
response to advertised position vacancy announcements.
Categories of records in the system:
Position vacancy announcement information such as position title,
series and grade level(s), office and duty location, opening and
closing date of the announcement, and dates of referral and return of
lists of qualified candidates; applicant personal data such as name,
address, social security number, veterans' preference and federal
competitive status; and applicant qualification and processing
information such as qualifications, grade level eligibility, reason
for ineligibility, referral status, and dates of notification.
Authority for maintenance of the system:
5 U.S.C. 1104; 12 U.S.C. 1819.
Routine uses of records maintained in the system, including categories
of users and purposes of such uses:
Information in this system of records may be disclosed:
(1) To the U.S. Office of Personnel Management, the Merit Systems
Protection Board, the Office of Special Counsel, the Federal Labor
Relations Authority, an arbitrator, and the Equal Employment
Opportunity Commission, to the extent disclosure is necessary to carry
out the governmentwide personnel management, investigatory,
adjudicatory, and appellate functions within their respective
jurisdictions;
(2) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains;
(3) To the appropriate federal, state or local agency or authority
responsible for investigating or prosecuting a violation of, or for
enforcing or implementing a statute, rule, regulation, or order, when
the information indicates 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; and
(4) To 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 practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is maintained on computer network.
Retrievability:
Indexed by name and social security number of individual applicant.
Safeguards:
The system's computerized databases are stored on an FDIC Local Area
Network (LAN). The network file servers are located in a locked room
in a secured area, with physical access limited to network
administrators. The information is secured by network access rights in
such a way that only authorized users are able to access the data.
Retention and disposal:
Information is maintained on the computer network for two years and,
if no longer needed, deleted.
System manager(s) and address:
Assistant Director, Recruitment and Placement Section, Personnel
Services Branch, Division of Administration, FDIC, 550-17th Street,
NW, Washington, DC 20429.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves must address written inquiries
to the Office of the Executive Secretary, FDIC, 550-17th Street, NW,
Washington, DC 20429.
Record access procedures:
Same as ``Notification'' procedure above.
Contesting record procedures:
Same as ``Notification'' procedure above.
Record source categories:
Information originates from position vacancy announcements,
applications for employment submitted by individuals, and applicant
qualification and processing information generated within the agency.
Systems exempted from certain provisions of the act:
None.
Effective date: Feb. 20, 1996.
FDIC 30-64-0012
System name: Financial Information System--FDIC.
System location:
Fiscal and Facilities Management Branch, Division of Accounting and
Corporate Services, FDIC, 550 17th Street, NW, Washington, DC 20429,
and the appropriate FDIC regional offices. (See Appendix A for the
location of FDIC regional offices.) Information pertaining to State or
Federal tax liens bankruptcies, attachments, and wage garnishments
also is maintained in the Legal Division, FDIC, 550 17th Street, NW,
Washington, DC 20429.
Categories of individuals covered by the system: All current and former
FDIC employees, and all individuals providing goods and/or services
to the FDIC under contractual arrangements.
Categories of records in the system:
Consists of the following information on all FDIC employees: Mailing
addresses and home addresses; rate and amount of pay; hours worked;
leave accrued and leave balances; life insurance, health insurance,
and retirement deductions; tax exemptions; and payroll deduction
authorizations (including, where applicable, deductions for savings
bonds, States or Federal tax liens, bankruptcies, attachments and wage
garnishments which have been legally executed by the appropriate
taxing or judicial authority). Record relating to employee claims for
reimbursement of official travel expenses, including travel
authorizations, 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
expense including authorization, advances, vouchers showing amounts
claimed and amounts paid; records pertaining to reimbursement for
educational expense or professional membership dues; records relating
to incentive award payments; and records relating to advances or other
funds owed to the Corporation. Records on individuals who are not
employees of the FDIC consist of all documents relating to the
purchase of goods and/or services from those individuals including
contractual documents and amounts paid. Records on individuals who are
employees of the FDIC authorized to approve payment authorization
vouchers or regulation and supervision expenditures.
Authority for maintenance of the system:
Secs. 9 and 10(a) of the Federal Deposit Insurance Act (12 U.S.C. 1819
and 1820(a)); Exec. Order No. 9397, ``Numbering System for Federal
Accounts Relatiing to Individual Persons'' (November 22, 1943); Travel
Expense Act of 1949 (5 U.S.C. 5701-5709).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Records are periodically made available for inspection to auditors
employed by the General Accounting Office.
(2) In the event that information contained in this system of records
indicates a violation or potential violation of the 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 referred, as a routine use, to the appropriate agency,
whether Federal or State, charged with enforcing or implementing the
statute, or rule, regulation or order issued pursuant thereto.
(3) In the event of litigation, the records may be presented to the
appropriate court, magistrate, or administrative tribunal as evidence
or to counsel for the presentation of evidence and/or in the course of
discovery.
(4) Disclosure may be made to the United States Office of Personnel
Management, the Merit Systems Protection Board, the Office of Special
Counsel, the Federal Labor Relations Authority, an arbitrator, and the
Equal Employment Opportunity Commission, to the extent disclosure is
necessary to carry out the government-wide personnel management,
investigatory, adjudicatory and appellate functions within their
respective jurisdictions.
(5) 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 the individual.
(6) Disclosure may be made to the United States Treasury Department
for preparations of savings bonds.
(7) Information developed from these records in routinely provided to
State, City and Federal income tax authorities, including, at the
Federal level, the Internal Revenue Service and the Social Security
Administration, and to other recipients, as authorized by the
employee, including the United States Treasury Department, savings
institutions, insurance carriers, and charity funds.
(8) Disclosure may be made by the FDIC Office of Corporate Audits to
vendors, carriers, or other appropriate third parties for the purpose
of verification, confirmation, or substantiation during the
performance of audits or investigations.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
File folders, record cards, and computer discs.
Retrievability:
File folders and record cards are indexed by name; computer discs are
indexed by social security number or specialized identifying number.
Safeguards:
File folders and record cards are stored in lockable metal file
cabinets; computer discs are accessed only by authorized personnel.
Retention and disposal:
Financial payment, payroll deduction, and official travel expense and
reimbursement records are retained by the FDIC for three years and
then transferred to the Federal Records center or destroyed. Year-end
trial balances (the individual earnings record) are retained during
employment and then transferred to the Federal Records Center and
maintained indefinitely. Deduction authorizations and documents used
to develop payroll and employee financial records are retained for the
period of use and up to three additional years, after which they are
destroyed. Records on individuals who are authorized to approve
payment authorization vouchers orregulation and supervision
expenditures will be maintained for a period of three years or until
the next audit by the General Accounting Office.
System manager(s) and address:
Director, Division of Accounting and Corporate Services, FDIC, 550
17th Street, NW, Washington, DC 20429. The appropriate FDIC regional
director for records maintained in FDIC regional offices. (See
Appendix A for the location of FDIC Regional Offices.) General
Counsel, FDIC, 550 17th Street, NW, Washington, DC 20429, for records
maintained by the Legal Division.
Notification procedure:
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
The information is obtained from the employee or person on whom the
record is maintained. Where an employee is subject to a tax lien, a
bankruptcy, an attachment, or a wage garnishment, information also is
obtained from the appropriate taxing or judicial entity.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0013
System name: Insured Bank Liquidation Records.
System location:
Designated FDIC service centers, consolidated field offices, and sites
of failed FDIC-insured institutions. A list of the designated
locations is available from the Chief of Policy and Planning,
Operations Branch, Division of Depositor and Asset Services, 550-17th
Street, NW, Washington, DC 20429.
Categories of individuals covered by the system:
Individuals who were obligors of FDIC-insured institutions that have
failed or that were provided open-bank assistance by the FDIC and for
which the FDIC is acting as liquidator or receiver of certain of the
institutions' assets.
Categories of records in the system:
Contains the obligor's credit or loan files held by the closed or
assisted institution, which files may include the loan and related
documents, correspondence, and bank officer notes; FDIC asset files,
including information relating to the obligor's financial condition,
such as financial statements, income tax returns, asset or collateral
verifications, appraisals, and sources of payment; intra-agency
memoranda or notes relating to the liquidation of the obligation;
correspondence; and any other documents related to the liquidation of
the asset. Records held by the FDIC as receiver are a part of this
system only to the extent that the state law governing the
receivership is not inconsistent or does not otherwise establish
specific requirements.
Authority for maintenance of the system:
12 U.S.C. 1819, 1821, 1823; applicable state laws governing the
liquidation of assets of failed financial institutions.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed:
(1) To prospective purchasers of the individual's obligation(s) for
the purpose of informing the prospective purchasers about the nature
and quality of obligation(s) to be purchased.
(2) To persons performing services for the FDIC in connection with the
liquidation of an individual's obligations, such as appraisers,
outside counsel, and collection agencies, and auditing or accounting
firms retained to assist in an audit or investigation of FDIC's
liquidation activities.
(3) To participants in the obligation in order to fulfill any
contractual or incidental responsibilities in connection with the
participation agreement.
(4) To Federal or state agencies, such as the Farmers Home
Administration, or to financial institutions where information is
relevant to an application or request by the individual for a loan,
grant, financial benefit, or other entitlement.
(5) To Federal or state agencies, such as the Internal Revenue Service
or state taxation authorities, in the performance of their
governmental duties, such as obtaining information regarding income,
including the reporting of income resulting from a compromise of an
obligation.
(6) To apprise courts of competent jurisdiction supervising the FDIC's
liquidation or receivership functions of information required by
statute to be disclosed to the court and necessary to obtain approvals
from the court for the disposal of assets and the disposition of
claims and other related issues.
(7) To Federal or state bank examiners for the purposes of examining
borrowing relationships in operating banks that may be related to an
obligation of an individual covered by this system.
(8) To 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.
(9) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order, when
the information indicates 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.
(10) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains.
(11) To the parties, the parties' counsel or other representatives,
the parties' insurance carriers or underwriters of bankers blanket
bonds or financial institutions bonds for failed or assisted FDIC-
insured banks in conjunction with claims made by the FDIC or others on
behalf of the FDIC against former officers, directors, accountants,
lawyers, consultants, appraisers, or underwriters of bankers blanket
bonds of a failed or assisted FDIC-insured institutions.
Disclosure to consumer reporting agencies:
Disclosures may be made from this system, pursuant to 5 U.S.C.
552a(b)(12), to ``consumer reporting agencies'' as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in file folders and on computer discs and tapes.
Retrievability:
Indexed by financial institutions number, name of failed or assisted
insured institution, and by name of individual.
Safeguards:
File folders are stored in lockable file cabinets and/or in secured
vault areas accessed only by authorized personnel. Computer records
are accessed only by authorized personnel.
Retention and disposal:
Credit or loan files of the failed or assisted bank are maintained for
the period of time provided under applicable state or Federal laws
pursuant to which the FDIC liquidates the obligations. FDIC asset
files and information maintained in an online capacity are retained as
long as needed.
System manager(s) and address:
The appropriate FDIC regional director for records maintained in FDIC
service centers, consolidated field offices, and sites of failed FDIC-
insured institutions.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, 550 17th Street, NW, Washington, DC 20429. The
request must contain the individual's name and address and the name
and address of the failed or assisted institution at which the
individual has an obligation.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Information is obtained from the individual on whom the record is
maintained; appraisers retained by the originating bank or the FDIC;
investigative and/or research companies; credit bureaus and/or
services; references named by the individual; attorneys or accountants
retained by the originating bank or the FDIC; participants in the
obligation(s) of the individual; officers and employees of the failed
or assisted bank; congressional offices that may initiate an inquiry;
and other parties providing services to the FDIC in its capacity as
liquidator or receiver.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0014
[Reserved]
FDIC 30-64-0015
System name: Unofficial Personnel System.
System location: Office of Personnel Management, FDIC, 550--17th Street,
NW, Washington, DC 20429. In addition, records are maintained at the
division or office levels in the FDIC Washington office, at the FDIC
regional offices, and may be maintained at FDIC field offices. A
list of the FDIC's regional offices is available from the Corporate
Communications Office, FDIC, 550--17th Street NW, Washington, DC
20429. A list of the field offices may be obtained from the
Director, Division of Bank Supervision, FDIC, 550--17th Street NW,
Washington, DC 20429 in the case of supervision field offices, and
the Operations Branch of Division of Liquidation, FDIC, 550--17th
Street NW, Washington, DC 20429 in the case of liquidation field
offices.
Categories of individuals covered by the system: All current and former
FDIC employees and applicants to and graduates of the FDIC upward
mobility program.
Categories of records in the system: This system consists of personnel-
related records that are maintained in addition to those kept in the
official personnel folder pursuant to the Federal Personnel Manual
Suppl. 296-31, table 8, sec. 1. (The United States Office of
Personnel Management has Privacy Act responsibility for those
systems of records which are government-wide in nature, and it
requires agencies to maintain them. Included among these is the
Official Personnel Folder. While OPM has designated the FDIC as
being responsible for disclosing to its current employees the
contents of their Official Personnel Folder, notice of the existence
and character of this system is published by the United States
Office of Personnel Management as ``General Personnel Records,''
OPM/GOVT-1.) This system contains records of various types. They
are: (1) Records maintained in the Washington, regional, and field
offices which may contain information on individuals relating to:
Birth date; social security number; past and present salaries,
grades, and position titles; home address and telephone number,
emergency contacts, addresses and telephone numbers; employment and
education experience, original applications, resumes, and letters of
reference; record of equipment and material issued to the
individual; record of leave and time-and-attendance; performance
appraisals; written notes or memoranda on employee performance;
counseling; employee assignments; lists of banks examined; records
relating to on-the-job training; data documenting reasons for
personnel actions, decisions, or recommendations made about an
employee; disciplinary and adverse action backup material; claims
for benefits under the Civil Service Retirement System; Federal
Employees' Group Life Insurance; FDIC Employees' Group Life
Insurance; documents related to on-the-job injuries; (2) parking
permit records containing information (name, address, and type of
automobile) about FDIC employees who have applied for (or are
members of the applicants' carpool) a parking permit in the FDIC's
Washington office garage; (3) FDIC personnel awards including
information supporting the employee's nomination for one of these
awards; (4) dental insurance records including information on
earnings, number and name of dependents, sex, birth date, home
address, and social security number; (5) employee locator records
containing the employee's name, social security number, division or
office assignment, office telephone number and office room number;
(6) upward mobility program files coordinated by the FDIC Office of
Personnel Management; and (7) FDIC Savings Plan records containing
the employee's name, social security number, grade, salary, home
address, date of birth, record of employee contributions and FDIC
contributions, account earnings and balance, participant designated
beneficiaries, date of participation, indication as to whether a
participant's interest is vested, allocation of contributions to
investment funds, documentation for reason of hardship withdrawal
and amount of withdrawal request (including documents evidencing
purchase of primary residence, proposals to evict from, or foreclose
on the mortgage of, a participant's primary residence, educational
expenses, medical expenses, and other acceptable financial
hardship), documentation to support participation in the FDIC
Savings Plan Loan Program, and personal financial statement.
Authority for maintenance of the system: Sec. 9 of the Federal Deposit
Insurance Act (12 U.S.C. 1819); For category (6), sec. 717 of the
Equal Employment Opportunity Act (42 U.S.C. 2000e-16).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: With regard to category (1)
above, the records are primarily maintained to be used by the
employee's supervisor for preparation of general personnel action;
however, in the case of categories (1), (2), (3), (6), and (7),
disclosures may be made, where relevant:
(a) To financial and credit institutions for loan and credit reference
purposes (solely to verify the employee's employment with the FDIC,
date of employment, and pay grade);
(b) To the United States Office of Personnel Management, the Merit
Systems Protection Board, the Office of Special Counsel; the Federal
Labor Relations Authority, an arbitrator, and the Equal Employment
Opportunity Commission, to the extent disclosure is necessary to carry
out the government-wide personnel management, investigatory,
adjudicatory and appellate functions within their respective
jurisdiction;
(c) To 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;
(d) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains;
(e) To State authorities regarding reasons for a former employee's
separation from FDIC service, where the inquiry is made pursuant to
the former employee's application for unemployment compensation;
(f) To Federal and State regulatory agencies, for reasons related to
FDIC business, as to the temporary work location of FDIC bank
examiners.
Disclosure may be made, in the case of category (4) above, to the
dental insurance carrier in support of a claim for dental insurance
benefits. In category (5) above, except for the employee's Social
Security Number, all information in the record is available to the
public. In category (6) above, disclosure may be made to appropriate
FDIC managers, supervisors and Office of Personnel Management
individuals who are involved in the assessment, evaluation and
selection of an applicant for upward mobility training and/or in the
monitoring and evaluation of the upward mobility participant during
the training period. In categories (1), (2), and (4) above, disclosure
may be made by the FDIC Office of Inspector General to vendors,
carriers, or other appropriate third parties for the purpose of
verification, confirmation, or substantiation during the performance
of audits or investigations. In category (7) above, disclosure may be
made, where relevant:
(a) To Federal, State, and local government tax enforcement agencies,
upon request, so that they may enforce applicable tax laws;
(b) To annuity vendors so that these firms may provide retired
employees with an annuity;
(c) To financial institutions that are qualified pension plan sponsors
for purposes of transfer to an individual retirement account or to
transfer into another qualified pension plan;
(d) To the Department of Agriculture's National Finance Center to
assure correct amounts are deducted from an employee's salary;
(e) To beneficiaries so that they may exercise their entitlement
rights;
(f) To audit firms so that they may perform audits;
(g) To T. Rowe Price so that they may carry out their functions as
investors of the FDIC Savings Plan funds;
(h) To any person legally responsible for the care of an individual to
whom a record pertains and who has been found legally incompetent or
under other legal disability, to assure payment of entitled benefits;
(i) To the Department of Health and Human Services, upon its request,
of the present address of an employee, former employee, or beneficiary
for the purpose of enforcing child support obligations against such
individual;
(j) To the appropriate Federal, State, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order when
the information indicates 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.
Disclosure to consumer reporting agencies:
Disclosures may be made from this system, pursuant to 5 U.S.C.
552a(b)(12) to ``consumer reporting agencies'' as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)(1)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Maintained on index cards and in file folders. Category (5) is
maintained on computer discs, categories (6) and (7) in file
folders.
Retrievability: Retrieved by name or in category (7) by date of birth or
social security number.
Safeguards: Maintained in lockable metal file cabinets; computer discs
are accessed only by authorized personnel.
Retention and disposal: Records are destroyed when no longer relevant to
the purpose for which they were compiled and maintained. Generally,
records are destroyed when the employee no longer works in the
division or office which compiled and maintained the information.
Parking permit records are kept for one year and then destroyed.
Records of unsuccessful upward mobility candidates are retained for
four years after submission; records of successful applicants are
maintained until two years after leaving the employ of the FDIC.
Records of the FDIC Savings Plan are kept indefinitely.
System manager(s) and address: Director, Office of Personnel Management,
FDIC, 550-17th Street, NW, Washington, DC 20429, for Corporation
level records. For FDIC division or office levels, the head of the
appropriate division or office; for FDIC regional offices, the
regional director; for FDIC field offices, the field office
supervisor. For Parking Permit Records and Employee Locator Record,
the Director, Division of Accounting and Corporate Services, FDIC,
550-17th Street, NW, Washington, DC 20429. For the upward mobility
program and the FDIC Savings Plan, Director, Office of Personnel
Management, FDIC, 550-17th Street, NW, Washington, DC 20429.
Notification procedure: Requests must be in writing and addressed to the
Office of the Executive Secretary, FDIC, 550-17th Street, NW,
Washington, DC 20429.
Record access procedures: Same as ``Notification'' above.
Contesting record procedures: Same as ``Notification'' above.
Record source categories: Individuals to whom the records pertain; their
immediate supervisors or persons at other supervisory levels; other
fellow employees. For upward mobility, record source categories
would include educational institutions which the applicant has
attended. For the FDIC Savings Plan, record source categories would
include agency pay and leave records.
Systems exempted from certain provisions of the act: None.
FDIC 30-64-0016
System name: Municipal Securities Dealers and Government
Securities Brokers/Dealers Personnel Records.
System location:
Capital Markets and Administration Branch, Division of Supervision,
FDIC, 550 17th Street, NW, Washington, DC 20429.
Categories of individuals covered by the system:
(1) Persons who are or seek to be municipal securities principals or
municipal securities representatives associated with municipal
securities dealers which are FDIC-insured, state-chartered banks
(including insured state-licensed branches of foreign banks), not
members of the Federal Reserve System, or are subsidiaries,
departments, or divisions of such banks.
(2) Persons who are or seek to be persons associated with government
securities dealers or government securities brokers which are FDIC-
insured state-chartered banks, other than members of the Federal
Reserve System, or are departments or divisions of such banks.
Categories of records in the system:
The records may contain identifying information as well as
educational, employment, and disciplinary information, if any, and,
where applicable, information regarding termination of employment of
individuals covered by the system. Identifying information includes
name, addresses, date and place of birth, and may include social
security account number.
Authority for maintenance of the system:
Secs. 15B, 15C, and 23 of the Securities Exchange Act of 1934 (15
U.S.C. 78o-4, 78o-5, and 78w).
Routine uses of records maintained in the system, including categories
of users and purposes of such use:
Information in the system may be disclosed:
(1) To 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.
(2) To the appropriate federal, state, local, or foreign agency or
authority or to a self-regulatory organization, as defined in section
3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(26)), responsible for investigating or prosecuting a violation
of or for enforcing or implementing a statute, rule, regulation, or
order, when the information indicates 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.
(3) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains.
(4) To assist in any proceeding in which the federal securities or
banking laws are in issue or a proceeding involving the propriety of a
disclosure of information contained in this system, in which the FDIC
or one of its past or present employees is a party.
(5) To a federal, state, local, or foreign governmental authority or a
self-regulatory organization if necessary in order to obtain
information relevant to an FDIC inquiry concerning a person who is or
seeks to be associated with a municipal securities dealer as a
municipal securities principal or representative or a government
securities broker or a government securities dealer (as described in
``Categories of individuals covered by the system'' above).
(6) To a federal, state, local, or foreign governmental authority or a
self-regulatory organization in connection with the issuance of a
license or other benefit to the extent that the information is
relevant and necessary.
(7) To a registered dealer, a registered broker, a registered
municipal securities dealer, a government securities dealer, a
government securities broker, or an insured bank that is a past or
present employer of an individual that is the subject of a record, or
to which such individual has applied for employment, for purposes of
identity verification or for purposes of investigating the
qualifications of the subject individual.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in file folders and in electronic media.
Retrievability:
Indexed by name, social security number, dealer registration number or
FDIC bank certificate number.
Safeguards:
File folders are stored in lockable metal file cabinets; computerized
records are accessed only by authorized personnel with password
access.
Retention and disposal:
Permanent retention.
System manager(s) and address:
Associate Director, Capital Markets and Administration Branch,
Division of Bank Supervision, FDIC, 550-17th Street, NW, Washington,
DC 20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Individuals requesting their own records must provide their name and
the date and place of their birth, and may be required to include a
notarized statement attesting to identity.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Individuals on whom the records are maintained, municipal securities
dealers and government securities dealers and brokers (as such dealers
are described in ``Categories of individuals covered by the system''
above), and federal, state, local, and foreign governmental
authorities and self-regulatory agencies which regulate the securities
industry.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0017
System name: Medical Records and Emergency Contact Information
System--FDIC.
System location:
Health Unit, Corporate Services Branch, Division of Administration,
FDIC, 550-17th Street, NW, Washington, DC 20429 and 3501 North Fairfax
Drive, Arlington, Virginia 22226..
Categories of individuals covered by the system:
All current and former FDIC employees.
Categories of records in the system:
Medical record of the employee, including the date of visit to the
FDIC Health Unit, the diagnosis, and the treatment administered; name
and telephone number of the person to contact in the event of an
emergency involving the employee.
Authority for maintenance of the system:
Sec. 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819); sec. 506
of the Federal Records Act of 1950 (44 U.S.C. 3101).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
No disclosure (including intra-agency disclosure) of information
contained in the medical files is made without the prior written
consent of the employee concerned. In the event of an emergency, the
emergency contact would be notified.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in paper files in manila folders. For records dating from
1986 and earlier, maintained on 8 by 10 cards with a separate
emergency contace sheet attached to it.
Retrievability:
Indexed by name.
Safeguards:
Maintained in lockable metal file cabinets in Health Unit. Only the
nurse and substitute nurse are allowed access to the files. The Health
Unit is locked whenever the nurse is absent.
Retention and disposal:
Records are kept for the duration of the employees's employment with
FDIC and for six years thereafter, then destroyed by shredding. noted,
the form is kept by the nurse; otherwise, the form is destroyed.
System manager(s) and address:
Associate Director, Corporate Services Branch, Division of
Administration, FDIC, 550-17th Street, NW, Washington DC 20429.
Notification procedure:
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Record access procedures:
Same as `` Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
The medical records are compiled by the employee and the nurse during
the course of visits to the Health Unit for treatment. The information
on the emergency contact sheet is supplied by the employee.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0018
System name: Grievance Records System--FDIC.
System location:
Office of Personnel Management, FDIC, 550 17th Street, NW, Washington,
DC 20429. Records at the regional level generated through grievance
procedures negotiated with recognized labor organizations and
arbitration are located in the FDIC regional office where originated.
(See Appendix A for the location of FDIC regional offices.) Duplicate
copies are maintained as records by the Office or Personnel Management
for the purpose of coordinating grievance and arbitration handling.
Categories of individuals covered by the system:
Current or former FDIC employees who have submitted grievances in
accordance with part 771 of the United States Office of Personnel
Management's regulations (5 CFR part 771) or a negotiated grievance
procedure.
Categories of records in the system:
The system contains records relating to grievances filed by FDIC
employees under part 771 of the United States Office of Personnel
Management's regulations, or under 5 U.S.C. 7121. These case files
contain all documents related to the grievance including statements of
witnesses, reports of interviews and hearings, examiner's findings and
recommendations, a copy of the final decision, and related
correspondence and exhibits. This system includes files and records of
internal grievance and arbitration systems that FDIC may establish
through negotiations with recognized labor organizations.
Authority for maintenance of the system:
5 U.S.C. 7121; 5 CFR part 771.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records and information in these records may be used: (1) To
disclose pertinent information to the appropriate Federal, State, or
local agency responsible for investigating, prosecuting, enforcing or
implementing a statute, rule, regulation, or order, where the FDIC
becomes aware of an indication of a violation or potential violation
of civil or criminal law or regulation; (2) to disclose information to
any source from which additional information is requested in the
course of processing a grievance, to the extent necessary to identify
the individual, inform the source of the purpose(s) of the request and
identify the type of information requested; (3) to disclose
information 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 conducting of a security or suitability
investigation of an individual, the classifying of jobs, 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 requesting agency's decision on the matter; (4) to
provide information to a congressional office from the record of an
individual in response to an inquiry from that congressional office
made at the request of that individual; (5) to disclose information to
another Federal agency or to a court when the government is party to a
judicial proceeding before the court; (6) by the National Archives and
Records Administration (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2098; (7) by the FDIC or the United States Office of Personnel
Management in the production of summary descriptive statistics and
analytical studies in support of the function for which the records
are collected and maintained, or for related work force studies. While
published statistics and studies do not contain individual
identifiers, in some instances the selection of elements of data
included in the study may be structured in such a way as to make the
data individually identifiable by inference; (8) to disclose
information to officials of the Merit Systems Protection Board, the
Office of the Special Counsel, the Federal Labor Relations Authority
and its General Counsel, an arbitrator, or the Equal Employment
Opportunity Commission when requested in performance of their
authorized duties; (9) to disclose in response to a request for
discovery or for appearance of a witness, information that is relevant
to the subject matter involved in a pending judicial or administrative
proceeding; and (10) to provide information to officials of labor
organizations recognized under the Civil Service Reform Act when
relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices and matters affecting work
conditions.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in file folders.
Retrievability:
Indexed by name.
Safeguards:
Maintained in lockable metal file cabinets to which only authorized
personnel have access.
Retention and disposal:
These records are disposed of three years after closing of the case.
Disposal is by shredding or burning.
System manager(s) and address:
Director, Office of Personnel Management, FDIC, 550 17th Street, NW,
Washington, DC 20429. The appropriate FDIC regional director for
records maintained in FDIC regional offices. (See Appendix A for the
location of FDIC regional offices.)
Notification procedure:
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Information in this system of records is provided; (1) By the
individual on whom the record is maintained; (2) by testimony of
witnesses; (3) by agency officials; and (4) from related
correspondence from organizations or persons.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0019
System name: Secondary Marketing Asset Prospect System.
System location:
Division of Depositor and Asset Services, FDIC, 550-17th Street, NW,
Washington, DC 20429.
Categories of individuals covered by the system:
Individuals who have submitted written notice of an interest in
purchasing loans or owned real estate from the FDIC.
Categories of records in the system:
Contains the individual's name, address, and telephone number;
information as to the kind or category and general location of loans
or owned real estate the individual may be interested in purchasing;
and information relating whether any bids have been submitted on loan
sales.
Authority for maintenance of the system:
12 U.S.C. 1819, 1821 and 1823.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed:
(1) To other federal or state agencies to assist in the marketing and
sale of loans and real estate held by the agency.
(2) To the appropriate Federal, State or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation or order, when
the information indicates 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.
(3) To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings.
(4) To a Congressional office in response to an inquiry made at the
request of the individual to whom the record pertains.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is maintained in computer discs and tapes or hard copy
printouts stored in file cabinets.
Retrievability:
Indexed by name of prospective investor; information can also be
retrieved by the system identification number assigned the prospective
investor.
Safeguards:
Information in computer discs and tapes is accessed only by authorized
personnel; hard copy printouts will be stored in lockable file
cabinets or officies.
Retention and disposal:
Records are generally maintained in computer discs and tapes in an on-
line capacity until needed. Back-up tapes are maintained in in off-
line storage. All records, including those in printout form, are
periodically updated to reflect changes and maintained as long as
needed. Obsolete date is deleted or destroyed after 15 months.
System manager(s) and address:
Director, Division of Depositor and Asset Services, 550-5th Street,
NW, Washington DC 20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street, NW, Washington, DC 20429.
The request must contain the prospective investor's name and address.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Information is obtained from the individual upon whom the record is
maintained.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0020
System name: Telephone Call Detail Records.
System location:
Corporate Services Branch, Division of Accounting and Corporate
Services, FDIC, 550 17th Street NW, Washington, DC 20429 and
designated FDIC regional offices, consolidated field offices, and
field offices. A list of the designated offices is available from the
Corporate Services Branch at the above address.
Categories of individuals covered by the system:
Individuals assigned telephone numbers by the FDIC, including current
and former FDIC employees, and other individuals provided telephone
services by the FDIC, such as current and former employees of FDIC's
cafeteria and credit union, who make long distance and local calls
placed from FDIC telephones.
Categories of records in the system:
Records relating to use of FDIC telephones to place long distance and
local calls; records indicating assignment of telephone numbers to
individuals covered by the system; records relating to location of
telephones.
Authority for maintenance of the system:
Sec. 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed, as is necessary:
(1) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains.
(2) To representatives of the General Services Administration or the
National Archives and Records Administration who are conducting
records management inspections.
(3) To 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.
(4) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order, when
the information indicates a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, and whether arising
by general statute, or by particular program statute, or by
regulation, rule, or order issued pursuant thereto.
(5) To FDIC current and former employees and other individuals
currently or formerly provided telephone services by the FDIC to
determine their individual responsibility for telephone calls.
(6) To respond to a federal agency's request made in connection with
the hiring or retention of an employee, 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
relevant and necessary to the requesting agency's decision on the
matter.
(7) To a telecommunications company providing telecommunications
support to permit servicing the account.
Disclosure to consumer reporting agencies:
Disclosures may be made from this system, pursuant to 5 U.S.C.
552a(b)(12), to ``consumer reporting agencies'' as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in the telephone system's memory and on magnetic tape; may
also be maintained on printout produced from the system's memory or
magnetic tapes.
Retrievability:
Records are retrieved by telephone number.
Safeguards:
Records are locked in telephone equipment rooms accessible only to
authorized personnel. To retrieve information from the system's
memory, a password is required.
Retention and disposal:
Records are destroyed after the close of the fiscal year in which they
are audited or after three years, whichever occurs first.
System manager(s) and address:
Associate Director, Corporate Services Branch, Division of Accounting
and Corporate Services, FDIC, 550 17th Street NW, Washington, DC
20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17th Street NW, Washington, DC 20429.
The request must contain the individual's name and the telephone
number assigned to the individual by the FDIC.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Telephone assignment records; call detail listings; results of
administrative inquiries relating to assignment of responsibility for
placement of specific long distance and local calls.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0021
System name: Fitness Center Records System.
System location:
Fitness Center, Division of Accounting and Corporate Services, FDIC,
550 17th Street, NW, Washington, DC 20429.
Categories of individuals covered by the system:
FDIC employees who apply for membership in the Fitness Center.
Categories of records in the system:
Principally contains the individual's name, gender, age, history of
certain medical conditions; the name of the individual's personal
physician and of any prescription or over-the-counter drugs taken on a
regular basis; the name and address of a person to be notified in case
of emergency. Also contains information on the individual's degree of
physical fitness and his or her fitness activities and goals. Also
contains forms, memoranda, or correspondence, as appropriate, related
to the employee's membership in Fitness Center.
Authority for maintenance of the system:
12 U.S.C. 1819.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system may be disclosed:
(1) To the individual listed as an emergency contact, in the event of
an emergency.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information recorded on paper forms is stored in folders in file
cabinets. Information recorded on index cards is stored in a card file
box.
Retrievability:
Indexed by name of Fitness Center member.
Safeguards:
Completed forms will be stored in lockable file cabinets. Only
authorized personnel will have access to areas in which information is
stored.
Retention and disposal:
All records are updated when necessary to reflect changes and
maintained as long as needed.
System manager(s) and address:
Fitness Director, Division of Accounting and Corporate Services, FDIC,
550 17th Street, NW, Washington, DC 20429.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550 17 Street, NW, Washington, DC 20429.
Individuals requesting their own records must provide their names and
addresses.
Record access procedures:
Same as ``NOTIFICATION'' above.
Contesting record procedures:
Same as ``NOTIFICATION'' above.
Record source categories:
Information is principally obtained from the individual upon whom the
record is maintained. Some information will be provided by the Fitness
Director and, in certain cases, by a physician retained by the FDIC
and by the individual's personal physician.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0022
System name: Freedom of Information Act and Privacy Act Requests
System.
System location: Office of the Executive Secretary, 550-17th Street,
NW, Washington, DC 20429. In addition, certain of the records may be
maintained at the division or office levels in the FDIC Washington
office.
Categories of individuals covered by the system: Persons filing Freedom
of Information Act and/or Privacy Act requests and those filing an
appeal of a denial, in whole or part, of any such requests.
Categories of records in the system: This system consists of letter
requests, internal memoranda, response letters, appeals of denials,
final determinations, and request log.
Authority for maintenance of the system: The Freedom of Information Act
and the Privacy Act of 1974 (5 U.S.C. 552 and 552a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Information in this system
may be disclosed:
(1) To another federal government agency having records within the
scope of a request;
(2) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains;
(3) To 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; and
(4) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order, when
the information indicates 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Maintained on computer discs and in file folders.
Retrievability: Retrieved by requester's name, firm, assigned log
number, or nature of request.
Safeguards: File folders are maintained in lockable metal file cabinets.
Computer discs are accessed by authorized personnel.
Retention and disposal: Freedom of Information Act (``FOIA'') requests
and related documents which are answered affirmatively are destroyed
two years after the date of the reply. For requests which are
answered negatively, the records are destroyed six years after the
date of the reply, unless the denial is appealed, in which case the
request and related documentation are destroyed six years after the
final agency determination or three years after final adjudication
by the courts, whichever is later. Documents maintained for control
purposes are destroyed six years after the last entry. Documents
maintained for processing Privacy Act requests are disposed of in
accordance with approved disposition instructions for individual
records, or five years after the disclosure for which the
accountability was made, whichever is later. Documentation relating
to the general administration of the FOIA and Privacy Act programs
is destroyed after two years or sooner if no longer administratively
useful.
System manager(s) and address: Executive Secretary, Office of the
Executive Secretary, FDIC, 550-17th Street, NW, Washington, DC
20429. For division or office levels, the head of the appropriate
division or office.
Notification procedure: Requests must be in writing and addressed to the
Office of the Executive Secretary, FDIC, 550-17th Street, NW,
Washington, DC 20429.
Record access procedures: Same as ``Notification'' above.
Contesting record procedures: Same as ``Notification'' above.
Record source categories: Requesters, internal memoranda, and employees
processing the requests.
Systems exempted from certain provisions of the act: The FDIC has
claimed exemptions for several of its other systems of records under
the Privacy Act. See 12 CFR 310.13. During the processing of a
Freedom of Information Act or Privacy Act request, exempt materials
from those other systems may become part of the case record in this
system. To the extent that copies of exempt records from those other
systems are entered into this system of records, the FDIC has
claimed the same exemptions for the records as they have in the
original primary systems of records of which they are a part.
FDIC 30-64-0023
System name:
Affordable Housing Program Records System.
System location:
Designated FDIC service centers, regional offices, and consolidated
field offices. A list of the designated locations is available from
the FDIC's Division of Depositor and Asset Services, 550-17th Street,
NW., Washington, DC 20429.
Categories of individuals covered by the system:
Purchasers and prospective purchasers of residential properties
offered for sale through the FDIC's Affordable Housing Program. To be
considered a prospective purchaser for purposes of this records
system, the party must have (1) completed and signed an FDIC
``Certification of Income Eligibility'' and (2) delivered the form to
an authorized representative of the FDIC's Affordable Housing Program.
Categories of records in the system:
Contains the purchaser's or prospective purchaser's income
qualification form and substantiating documents (such as financial
statements, income tax returns, assets or collateral verifications,
appraisals, and sources of income); copies of sales contracts, deeds,
or other recorded instruments; intra-agency forms, memoranda, or notes
related to the property and purchaser's participation in the FDIC's
Affordable Housing Program; correspondence; and any other documents
related to the FDIC's Affordable Housing Program.
Authority for maintenance of the system:
Sections 9, 11, 13, and 40 of the Federal Deposit Insurance Act (12
U.S.C. 1819, 1821, 1823, 1831q).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in this system may be disclosed:
(1) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains;
(2) To 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) To the appropriate federal, state, or local agency or authority
responsible for investigating or prosecuting a violation of or for
enforcing or implementing a statute, rule, regulation, or order, when
the information indicates 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;
(4) To persons or firms retained by the FDIC to perform services in
connection with the implementation of the Affordable Housing Program
such as brokers, appraisers, mortgage lenders, outside counsel, and
outside consultants; and
(5) To mortgage companies, financial institutions, federal agencies
(such as the Federal Housing Administration, the Farmers Home
Administration, and the Veterans Administration), or state and local
government housing agencies where information is relevant to an
application or request for a loan, grant, financial benefit, or other
type of assistance or entitlement.
Disclosures to consumer reporting agencies:
Disclosure may be made from this system pursuant to 5 U.S.C.
552a(b)(12) to ``consumer reporting agencies'' as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained on computer disks and in file folders.
Retrievability:
Retrieved by name of purchaser or prospective purchaser of affordable
housing property, and by address of the property purchased.
Safeguards:
File folders are maintained in lockable metal file cabinets. Computer
disks are accessed by authorized personnel.
Retention and disposal:
Affordable Housing Program files and information maintained in an
online capacity are destroyed six years after termination of
receivership of the closed bank from which the property was acquired
if no longer needed by FDIC and in accordance with state or federal
banking laws.
System manager(s) and address:
The appropriate FDIC regional director for records maintained in FDIC
service centers and regional offices, and the appropriate FDIC bank
liquidation specialist-in-charge for records maintained in
consolidated field offices.
Notification procedure:
Requests must be in writing and addressed to the Office of the
Executive Secretary, FDIC, 550-17th Street, NW., Washington, DC 20429.
The request must contain the purchaser's or the prospective
purchaser's name and address.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Information is obtained principally from the individual upon whom the
record is maintained; information pertaining to an individual may, in
some cases, be supplemented with reports from credit bureaus and/or
other services.
Systems exempted from certain provisions of the act:
None.
FDIC 30-64-0024
System name:
Unclaimed Deposits Reporting System.
System location:
Designated FDIC service centers and consolidated field offices. A list
of the designated locations is available from the Chief of Policy &
Planning, Operations Branch, Division of Depositor and Asset Services,
FDIC, 550-17th Street, NW, Washington, DC 20429.
Categories of individuals covered by the system:
Owners of unclaimed insured or transferred deposits from closed
insured depository institutions for which the FDIC was appointed
receiver after January 1, 1989.
Categories of records in the system:
Records relating to unclaimed insured or transferred deposits from
closed insured depository institutions for which the FDIC was
appointed receiver after January 1, 1989.
Authority for maintenance of the system:
Sections 9, 11, and 12 of the Federal Deposit Insurance Act (12 U.S.C.
1819, 1821, and 1822).
Routine uses of records maintained in the system, including categories
of users and purposes of such uses:
Information in this system of records may be disclosed:
(1) To the appropriate state accepting custody of unclaimed deposits
as specified in section 12(e)(2)-(3) of the Federal Deposit Insurance
Act (12 U.S.C. 1822(e)(2)-(3));
(2) To a congressional office in response to an inquiry made at the
request of the individual to whom the record pertains; and
(3) To the appropriate federal, state or local agency or authority
responsible for investigating or prosecuting a violation of, or for
enforcing or implementing a statute, rule, regulation, or order, when
the information indicates 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; and
(4) To 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 practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is maintained on local area network specified file
servers, computer disks, tapes or hard copy printouts stored in
secured areas which limits access to authorized personnel only.
Retrievability:
Indexed by depository institution name, depository institution number,
depositor name, depositor social security number, depositor tax
identification number, or account/check number.
Safeguards:
Information is encrypted and accessed only by authorized FDIC
personnel. Hard copy data is stored in secured areas which limits
access to authorized personnel only.
Retention and disposal:
If the appropriate state has accepted ten-year custody of unclaimed
deposits, a record of the deposits will be retained by the FDIC during
the custody period, pending return of any deposits not claimed from
the state during the ten-year custody period. Such records will
subsequently be destroyed in accordance with the FDIC's records
retention policy in effect at the time of return of any deposits to
the FDIC from the state. If the appropriate state has declined to
accept custody of unclaimed deposits, upon termination of the
receivership of the closed insured depository institution, records of
all deposit insurance claims paid are destroyed in accordance with the
FDIC's current records retention policy.
System manager(s) and address:
Chief of Policy & Planning, Operations Branch, Division of Depositor
and Asset Services, FDIC, 550-17th Street, NW., Washington, DC 20429.
Notification procedure:
Requests must be made in writing and addressed to the Office of the
Executive Secretary, FDIC, 550-17th Street, NW., Washington, DC 20429.
Record access procedures:
Same as ``Notification'' above.
Contesting record procedures:
Same as ``Notification'' above.
Record source categories:
Information originates from deposit records of closed insured
depository institutions. Records of unclaimed transferred deposits are
provided to the FDIC from insured depository institutions to which the
FDIC transferred deposits upon closing of the former institution.
Systems exempted from certain provisions of the act:
None.
Appendix A
Federal Deposit Insurance Corporation Regional Offices
Atlanta Regional Office, FDIC, 233 Peachtree Street, NE, Suite 2400,
Atlanta, Georgia 30043.
Boston Regional Office, FDIC, 60 State Street, 17th Floor, Boston,
Massachusetts 02109.
Chicago Regional Office, FDIC, Sears Tower, 233 S. Wacker Dr., Suite
6116, Chicago, Illinois 60606.
Columbus Regional Office, FDIC, 1 Nationwide Plaza, Suite 2600,
Columbus, Ohio 43215.
Dallas Regional Office, FDIC, 350 North St. Paul Street, Suite 2000,
Dallas, Texas 75201.
Kansas Regional Office, FDIC, 2345 Grand Avenue, Suite 1500, Kansas
City, Missouri 64108.
Madison Regional Office, FDIC, 1st Wisconsin Plaza, 1 South Pinckney
St., Room 813, Madison, Wisconsin 53703.
Memphis Regional Office, FDIC, 1 Commerce Square, Suite 1800,
Memphis, Tennessee 38103.
Minneapolis Regional Office, FDIC, 730 Second Avenue, South, Site
266, Minneapolis, Minnesota 55402.
New York Regional Office, FDIC, 345 Park Avenue, 21st Floor, New
York, New York 10154.
Omaha Regional Office, FDIC, 1700 Farnam Street, Suite 1200, Omaha,
Nebraska 68102.
Philadelphia Regional Office, FDIC, 1900 Market St., Suite 616,
Philadelphia, Pennsylvania 19103.
San Francisco Regional Office, FDIC, 44 Montgomery Street, Suite
3600, San Francisco, California 94104.
PRIVACY ACT RULES
FEDERAL DEPOSIT INSURANCE CORPORATION
FEDERAL DEPOSIT INSURANCE CORPORATION
PART 309--DISCLOSURE OF INFORMATION
Sec.
309.1 Purpose and scope.
309.2 Definitions.
309.3 Federal Register publication.
309.4 Publicly available records.
309.5 Procedures for requesting records.
309.6 Disclosure of exempt records.
309.7 Service of process.
Authority: 5 U.S.C. 552; 12 U.S.C. 1819 ``Seventh'' and ``Tenth.''
Source: 60 FR 61465, Nov. 30, 1995, unless otherwise noted.
Effective Date Note: At 60 FR 61465, Nov. 30, 1995, part 309 was
revised, effective January 2, 1996. For the superseded text for part
309, see the 1995 volume of the CFR.
Sec. 309.1 Purpose and scope.
This part sets forth the basic policies of the Federal Deposit
Insurance Corporation regarding information it maintains and the
procedures for obtaining access to such information.
Sec. 309.2 Definitions.
For purposes of this part:
(a) The term depository institution, as used in Sec. 309.6, includes
depository institutions that have applied to the Corporation for federal
deposit insurance, closed depository institutions, presently operating
federally insured depository institutions, foreign banks, branches of
foreign banks, and all affiliates of any of the foregoing.
(b) The terms Corporation or FDIC mean the Federal Deposit Insurance
Corporation.
(c) The words disclose or disclosure, as used in Sec. 309.6, mean to
give access to a record, whether by producing the written record or by
oral discussion of its contents. Where the Corporation employee
authorized to release Corporation documents makes a determination that
furnishing copies of the documents is necessary, the words disclose or
disclosure include the furnishing of copies of documents or records. In
addition, disclose or disclosure as used in Sec. 309.6 is synonymous
with the term transfer as used in the Right to Financial Privacy Act of
1978 (12 U.S.C. 3401 et seq.).
(d) The term examination includes, but is not limited to, formal and
informal investigations of irregularities involving suspected violations
of federal or state civil or criminal laws, or unsafe and unsound
practices as well as such other investigations as may be conducted
pursuant to law.
(e) The term record includes records, files, documents, reports,
correspondence, books, and accounts, or any portion thereof.
(f) The term report of examination includes, but is not limited to,
examination reports resulting from examinations of depository
institutions conducted jointly by Corporation examiners and state
banking authority examiners or other federal financial institution
examiners, as well as reports resulting from examinations conducted
solely by Corporation examiners. The term also includes compliance
examination reports.
(g) The term customer financial records, as used in Sec. 309.6, means
an original of, a copy of, or information known to have been derived
from, any record held by a depository institution pertaining to a
customer's relationship with the depository institution but does not
include any record that contains information not identified with or
identifiable as being derived from the financial records of a particular
customer. The term customer as used in Sec. 309.6 refers to individuals
or partnerships of five or fewer persons.
(h) The term Director of the Division having primary authority
includes Deputies to the Chairman and directors of FDIC Divisions and
Offices that create, maintain custody, or otherwise have primary
responsibility for the handling of FDIC records or information.
Sec. 309.3 Federal Register publication.
The FDIC publishes the following information in the Federal Register
for the guidance of the public:
(a) Descriptions of its central and field organization and the
established places at which, the officers from whom, and the methods
whereby, the public may secure information, make submittals or requests,
or obtain decisions;
(b) Statements of the general course and method by which its functions
are channeled and determined, including the nature and requirements of
all formal and informal procedures available;
(c) Rules of procedure, descriptions of forms available or the places
at which forms may be obtained, and instructions as to the scope and
contents of all papers, reports or examinations;
(d) Substantive rules of general applicability adopted as authorized
by law, and statements of general policy or interpretations of general
applicability formulated and adopted by the FDIC;
(e) Every amendment, revision or repeal of the foregoing; and
(f) General notices of proposed rule-making.
Sec. 309.4 Publicly available records.
The following records are available upon request or, as noted,
available for public inspection during normal business hours, at the
listed offices. Certain records are also available on the Internet at
the following address: http://www.fdic.gov. To the extent permitted by
law, the FDIC may delete identifying details when it makes available or
publishes a final opinion, final order, statement of policy,
interpretation or staff manual or instruction. Fees for furnishing
records under this section are as set forth in Sec. 309.5(c).
(a) At the Office of Corporate Communications, Federal Deposit
Insurance Corporation, 550 17th Street, N.W., Washington, DC 20429,
(202) 898-6996:
(1) Documents, including press releases, financial institution letters
and proposed and adopted regulations, published by the FDIC and
pertaining to its operations and those of insured depository
institutions that it supervises.
(2) Reports on the competitive factors involved in merger transactions
and the bases for approval of merger transactions as required by
sections 18(c)(4) and 18(c)(9) of the Federal Deposit Insurance Act (12
U.S.C. 1828(c) (4) and (9)).
(3) Community Reinvestment Act (CRA) Public Evaluations.
(4) Final decisions and orders concerning compliance, enforcement, and
other related administrative actions.
(5) At the FDIC's discretion, Summary of Deposits filed by insured
depository institutions, except that information on the size and number
of accounts filed before June, 1982 is not available.1
---------------------------------------------------------------------------
\1\Summary of Deposits reports are described at 12 CFR 304.5.
---------------------------------------------------------------------------
(6) Annual Report of Trust Assets for commercial banks and state
savings banks.2
---------------------------------------------------------------------------
\2\Annual Report of Trust Assets, FFIEC Form 001.
---------------------------------------------------------------------------
(b) At the Office of the Executive Secretary, Federal Deposit
Insurance Corporation, 550 17th Street, N.W., Washington, DC 20429,
which information is available for public inspection:
(1) All final opinions (including concurring and dissenting opinions)
and all final orders made in the adjudication of administrative cases.
(2) Statements of policy and interpretations which have been adopted
by the FDIC but have not been published in the Federal Register.
(3) A current index of matters covered by paragraphs (b)(1) and (b)(2)
of this section that were issued, adopted or promulgated after July 4,
1967. Copies of the index will be provided at the direct cost of
duplication as set forth in Sec. 309.5(b).
(c) At the Division of Supervision, Federal Deposit Insurance
Corporation, 550 17th Street, N.W., Washington, DC 20429:
(1) Filings and reports required under the provisions of 12 CFR Part
335 and the Securities and Exchange Act of 1934, as amended (15 U.S.C.
78a), by insured nonmember banks the securities of which are registered
with the FDIC pursuant to section 12 of that Act (15 U.S.C. 78l). These
filings and reports are available for public inspection as detailed in
12 CFR 335.702.
(2) Manual of Examination Policies.
(3) Manual of Trust Examination Policies.
(4) Federal Financial Institutions Examination Council (FFIEC)
Information Systems Examination Handbook.
(5) In the FDIC's discretion, the Consolidated Reports of Condition
and Income filed by insured nonmember banks (and certain nonfederally
insured depository institutions in the case of reports of condition),
except that select sensitive financial information may be
withheld.3
---------------------------------------------------------------------------
\3\Reports of income and of condition are described at 12 CFR 304.4.
---------------------------------------------------------------------------
(d) At the regional office of the FDIC for the region in which the
applicant or subject depository institution is located (A list of FDIC's
regional offices is available from the Office of Corporate
Communications, Federal Deposit Insurance Corporation, 550 17th Street,
N.W., Washington, DC 20429, (202) 898-6996):
(1) In the FDIC's discretion, non-confidential portions of application
files as provided in 12 CFR 303.6(g), including applications for deposit
insurance, to establish branches, to relocate offices and to merge.
(2)(i) After acceptance by the FDIC of a notice filed pursuant to the
Change in Bank Control Act of 1978 (12 U.S.C. 1817(j)) (other than a
notice filed in contemplation of a public tender offer subject to the
Securities Exchange Act of 1934 (15 U.S.C. 78m and 78n) and the FDIC's
tender offer regulations (12 CFR 335.501-335.530), the appropriate FDIC
regional office will make available, on request, the following
information: The name of the depository institution whose stock is to be
acquired; the date the notice was accepted; the identity of the
acquiring person(s); the number of shares to be acquired; and the number
of outstanding shares of stock in the depository institution. (The mere
filing of a notice does not automatically constitute ``acceptance'' by
the FDIC; a notice is ``accepted'' when the regional office determines
that the notice contains all the information required by 12 U.S.C.
1817(j)(6)).
(ii) In the case of a notice filed in contemplation of a public tender
offer that is subject to the Securities Exchange Act of 1934 (15 U.S.C.
78m and 78n) and the FDIC's tender offer regulations (12 CFR 335.501-
335.530), when public disclosure is determined under Sec. 303.4(b)(4) of
the FDIC's regulations (12 CFR 303.4(b)(4)) to be appropriate, the
appropriate FDIC regional office will make available, on request, the
information described in paragraph (d)(2)(i) of this section.
(iii) After a transaction subject to the Change in Bank Control Act of
1978 has been consummated, the appropriate FDIC regional office will
make available, on request, the following information, in addition to
the information described in paragraph (d)(2)(i) of this section: The
date the shares were acquired; the names of the sellers (or
transferors); and the total number of shares owned by the purchasers (or
acquirors).
(e) At the Division of Depositor and Asset Services, Federal Deposit
Insurance Corporation, 550 17th Street, N.W., Washington, DC, 20429:
(1) Credit Manual;
(2) Agriculture Manual;
(3) Claims Manual;
(4) Operations Manual;
(5) Closing Manual;
(6) Environmental Guidelines Manual;
(7) Deposit Insurance Manual;
(8) Settlement Manual.
(f) At the Division of Compliance and Consumer Affairs, Federal
Deposit Insurance Corporation, 550 17th Street, N.W., Washington, DC
20429: Compliance Examination Manual.
Sec. 309.5 Procedures for requesting records.
(a) Definitions. For purposes of this section:
(1) Commercial use request means a request from or on behalf of a
requester who seeks records for a use or purpose that furthers the
commercial, trade, or profit interests of the requester or the person on
whose behalf the request is made. In determining whether a request falls
within this category, the FDIC will determine the use to which a
requester will put the records requested and seek additional information
as it deems necessary.
(2) Direct costs means those expenditures the FDIC actually incurs in
searching for, duplicating, and, in the case of commercial requesters,
reviewing records in response to a request for records.
(3) Duplication means the process of making a copy of a record
necessary to respond to a request for records or for inspection of
original records that contain exempt material or that cannot otherwise
be directly inspected. Such copies can take the form of paper copy,
microfilm, audiovisual records, or machine readable records (e.g.,
magnetic tape or computer disk).
(4) Educational institution means a preschool, a public or private
elementary or secondary school, an institution of undergraduate or
graduate higher education, an institution of professional education, and
an institution of vocational education, which operates a program or
programs of scholarly research.
(5) Non-commercial scientific institution means an institution that is
not operated on a commercial basis as that term is defined in paragraph
(a)(1) of this section, and which is operated solely for the purpose of
conducting scientific research, the results of which are not intended to
promote any particular product or industry.
(6) Representative of the news media means any person actively
gathering news for, or a free-lance journalist who reasonably expects to
have his or her work product published or broadcast by, an entity that
is organized and operated to publish or broadcast news to the public.
The term news means information that is about current events or that
would be of current interest to the general public.
(7) Review means the process of examining records located in response
to a request for records to determine whether any portion of any record
is permitted to be withheld as exempt information. It includes
processing any record for disclosure, e.g., doing all that is necessary
to excise them or otherwise prepare them for release.
(8) Search includes all time spent looking for material that is
responsive to a request, including page-by-page or line-by-line
identification of material within records. Searches may be done manually
and/or by computer using existing programming.
(b) Initial request. (1) Except as provided in paragraphs (d) and (h)
of this section, the FDIC, upon request for any record in its
possession, will make the record available to any person who agrees to
pay the costs of searching, review and duplication as set forth in
paragraph (c) of this section. The request must be in writing, provide
information reasonably sufficient to enable the FDIC to identify the
requested records and specify a dollar limit which the requester is
willing to pay for the costs of searching, review and duplication,
unless the costs are believed to be less than the FDIC's cost of
processing the requester's remittance, which cost will be set forth in
the ``Notice of Federal Deposit Insurance Corporation Records Fees'' as
described in paragraph (c)(3) of this section. Requests under this
paragraph (b) should be addressed to the Office of the Executive
Secretary, FDIC, 550 17th Street, N.W., Washington, DC 20429.
(2) The FDIC will transmit notice to the requester within 10 business
days after receipt of the initial request whether it is granted or
denied. Denials of requests will be based on the exemptions provided for
in paragraph (d) of this section.
(3) Notification of a denial of an initial request will be in writing
and will state:
(i) If the denial is in part or in whole;
(ii) The name and title of each person responsible for the denial
(when other than the person signing the notification);
(iii) The exemptions relied on for the denial; and
(iv) The right of the requester to appeal the denial to the FDIC's
General Counsel within 30 business days following receipt of the
notification.
(c) Fees--(1) General rules. (i) Persons requesting records of the
FDIC shall be charged for the direct costs of search, duplication and
review as set forth in paragraphs (c)(2) and (c)(3) of this section,
unless such costs are less than the FDIC's cost of processing the
requester's remittance.
(ii) Requesters will be charged for search and review costs even if
responsive records are not located and, if located, are determined to be
exempt from disclosure.
(iii) Multiple requests seeking similar or related records from the
same requester or group of requesters will be aggregated for the
purposes of this section.
(iv) If the FDIC determines that the estimated costs of search,
duplication or review of requested records will exceed the dollar amount
specified in the request or if no dollar amount is specified, the FDIC
will advise the requester of the estimated costs (if greater than the
FDIC's cost of processing the requester's remittance). The requester
must agree in writing to pay the costs of search, duplication and review
prior to the FDIC initiating any records search.
(v) If the FDIC estimates that its search, duplication and review
costs will exceed $250.00, the requester must pay an amount equal to 20
percent of the estimated costs prior to the FDIC initiating any records
search.
(vi) The FDIC may require any requester who has previously failed to
pay the charges under this section within 30 days of mailing of the
invoice to pay in advance the total estimated costs of search,
duplication and review. The FDIC may also require a requester who has
any charges outstanding in excess of 30 days following mailing of the
invoice to pay the full amount due, or demonstrate that the fee has been
paid in full, prior to the FDIC initiating any additional records
search.
(vii) The FDIC may begin assessing interest charges on unpaid bills on
the 31st day following the day on which the notice was sent. Interest
will be at the rate prescribed in section 3717 of title 31 of the United
States Code and will accrue from the date of the invoice.
(viii) The time limit for FDIC to respond to a request will not begin
to run until the FDIC has received the requester's written agreement
under paragraph (c)(1)(iv) of this section, and advance payment under
paragraph (c)(1) (v) or (vi) of this section, or outstanding charge
under paragraph (c)(1)(vi) of this section.
(ix) As part of the initial request, a requester may ask that the FDIC
waive or reduce fees if disclosure of the records is in the public
interest because it is likely to contribute significantly to public
understanding of the operations or activities of the government and is
not primarily in the commercial interest of the requester.
Determinations as to a waiver or reduction of fees will be made by the
Executive Secretary (or designee) and the requester will be notified in
writing of his/her determination. A determination not to grant a request
for a waiver or reduction of fees under this paragraph may be appealed
to the FDIC's General Counsel (or designee) pursuant to the procedure
set forth in paragraph (e) of this section.
(2) Chargeable fees by category of requester. (i) Commercial use
requesters shall be charged search, duplication and review costs.
(ii) Educational institutions, non-commercial scientific institutions
and news media representatives shall be charged duplication costs,
except for the first 100 pages.
(iii) Requesters not within the scope of paragraph (c)(2) (i) or (ii)
of this section shall be charged the full reasonable direct cost of
search and duplication, except for the first two hours of search time
and first 100 pages of duplication.
(3) Fee schedule. The dollar amount of fees which the FDIC may charge
to records requesters will be established by the Chief Financial Officer
of the FDIC (or designee), and will be set forth in the ``Notice of
Federal Deposit Insurance Corporation Records Fees'' issued in December
of each year or in such ``Interim Notice of Federal Deposit Insurance
Corporation Records Fees'' as may be issued. Copies of such notices may
be obtained at no charge from the FDIC's Office of the Executive
Secretary, FOIA Unit, 550 17th Street NW., Washington, DC 20429. The
fees implemented in the December or Interim Notice will be effective 30
days after issuance. The FDIC may charge fees that recoup the full
allowable direct costs it incurs. The FDIC may contract with independent
contractors to locate, reproduce, and/or disseminate records; provided
however, that the FDIC has determined that the ultimate cost to the
requester will be no greater than it would be if the FDIC performed
these tasks itself. In no case will the FDIC contract out
responsibilities which the Freedom of Information Act (FOIA) (5 U.S.C.
552) provides that the FDIC alone may discharge, such as determining the
applicability of an exemption or whether to waive or reduce fees. Fees
are subject to change as costs change.
(i) Manual searches for records. The FDIC will charge for manual
searches for records at the basic rate of pay of the employee making the
search plus 16 percent to cover employee benefit costs. Where a single
class of personnel (e.g., all clerical, all professional, or all
executive) is used exclusively, the FDIC, at its discretion, may
establish and charge an average rate for the range of grades typically
involved.
(ii) Computer searches for records. The fee for searches of
computerized records is the actual direct cost of the search, including
computer time, computer runs, and the operator's time apportionable to
the search. The fee for a computer printout is the actual cost. The fees
for computer supplies are the actual costs. The FDIC may, at its
discretion, establish and charge a fee for computer searches based upon
a reasonable FDIC-wide average rate for central processing unit
operating costs and the operator's basic rate of pay plus 16 percent to
cover employee benefit costs.
(iii) Duplication of records. (A) The per-page fee for paper copy
reproduction of documents is the average FDIC-wide cost based upon the
reasonable direct costs of making such copies.
(B) For other methods of reproduction or duplication, the FDIC will
charge the actual direct costs of reproducing or duplicating the
documents.
(iv) Review of records. The FDIC will charge commercial use requesters
for the review of records at the time of processing the initial request
to determine whether they are exempt from mandatory disclosure at the
basic rate of pay of the employee making the search plus 16 percent to
cover employee benefit costs. Where a single class of personnel (e.g.,
all clerical, all professional, or all executive) is used exclusively,
the FDIC, at its discretion, may establish and charge an average rate
for the range of grades typically involved. The FDIC will not charge at
the administrative appeal level for review of an exemption already
applied. When records or portions of records are withheld in full under
an exemption which is subsequently determined not to apply, the FDIC may
charge for a subsequent review to determine the applicability of other
exemptions not previously considered.
(v) Other services. Complying with requests for special services is at
the FDIC's discretion. The FDIC may recover the full costs of providing
such services to the extent it elects to provide them.
(d) Exempt information. A request for records may be denied if the
requested record contains information which falls into one or more of
the following categories.4 If the requested record contains both
exempt and nonexempt information, the nonexempt portions which may
reasonably be segregated from the exempt portions will be released to
the requester.
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\4\Classification of a record as exempt from disclosure under the
provisions of Sec. 309.5(d) shall not be construed as authority to
withhold the record if it is otherwise subject to disclosure under the
Privacy Act of 1974 (5 U.S.C. 552a) or other federal statute, any
applicable regulation of FDIC or any other federal agency having
jurisdiction thereof, or any directive or order of any court of
competent jurisdiction.
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(1) Records which are specifically authorized under criteria
established by an Executive Order to be kept secret in the interest of
national defense or foreign policy and are in fact properly classified
pursuant to such Executive Order;
(2) Records related solely to the internal personnel rules and
practices of the FDIC;
(3) Records specifically exempted from disclosure by statute, provided
that such statute:
(i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue; or
(ii) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(4) Trade secrets and commercial or financial information obtained
from a person that is privileged or confidential;
(5) Interagency or intra-agency memoranda or letters which would not
be available by law to a private party in litigation with the FDIC;
(6) Personnel, medical, and similar files (including financial files)
the disclosure of which would constitute a clearly unwarranted invasion
of personal privacy;
(7) Records compiled for law enforcement purposes, but only to the
extent that the production of such law enforcement records:
(i) Could reasonably be expected to interfere with enforcement
proceedings;
(ii) Would deprive a person of a right to a fair trial or an impartial
adjudication;
(iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
(iv) Could reasonably be expected to disclose the identity of a
confidential source, including a state, local, or foreign agency or
authority or any private institution which furnished records on a
confidential basis;
(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law; or
(vi) Could reasonably be expected to endanger the life or physical
safety of any individual;
(8) Records that are contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for the
use of the FDIC or any agency responsible for the regulation or
supervision of financial institutions; or
(9) geological and geophysical information and data, including maps,
concerning wells.
(e) Appeals. (1) A person whose initial request for records under
paragraph (a) of this section, or whose request for a waiver of fees
under paragraph (c)(1)(ix) of this section, has been denied, either in
part or in whole, has the right to appeal the denial to FDIC's General
Counsel (or designee) within 30 business days after receipt of
notification of the denial. Appeals of denials of initial requests or
for a waiver of fees must be in writing and include any additional
information relevant to consideration of the appeal. Appeals should be
addressed to the Office of the Executive Secretary, FDIC, 550 17th
Street, N.W., Washington, DC 20429.
(2) The FDIC will notify the appellant within 20 business days after
receipt of the appeal whether it is granted or denied. Denials of
appeals on initial requests for records will be based on the exemptions
provided for in paragraph (c) of this section.
(3) Notifications of a denial of an appeal will be in writing and will
state:
(i) Whether the denial is in part or in whole;
(ii) The name and title of each person responsible for the denial (if
other than the person signing the notification);
(iii) The exemptions relied upon for the denial in the case of initial
requests for records; and
(iv) The right to judicial review of the denial under the FOIA.
(f) Extension of time. (1) Under unusual circumstances the FDIC may
require additional time, up to a maximum of 10 business days, to
determine whether to grant or deny an initial request or to respond to
an appeal of an initial denial. These circumstances would arise in cases
where:
(i) The records are in facilities, such as field offices or storage
centers, that are not part of the FDIC's Washington office;
(ii) The records requested are voluminous and are not in close
proximity to one another; or
(iii) There is a need to consult with another agency or among two or
more components of the FDIC having a substantial interest in the
determination.
(2) The FDIC will promptly give written notification to the person
making the request of the estimated date it will make its determination
and the reasons why additional time is required.
(g) FDIC procedures. (1) Initial requests for records will be
forwarded by the Executive Secretary to the head of the FDIC division or
office which has primary authority over such records. Where it is
determined that the requested records may be released, the appropriate
division or office head will grant access to the records. A request for
records may be denied only by the Executive Secretary (or designee),
except that a request for records not responded to within 10 business
days following its receipt by the Office of Executive Secretary--by
notice to the requester either granting the request, denying the
request, or extending the time for making a determination on the
request--shall, if the requester chooses to treat such delay in response
as a denial, be deemed to have been denied.
(2) Appeals from a denial of an initial request will be forwarded by
the Executive Secretary to the General Counsel (or designee) for a
determination whether the appeal will be granted or denied. The General
Counsel (or designee) may on his or her own motion refer an appeal to
the Board of Directors for a determination or the Board of Directors may
in its discretion consider such an appeal.
(h) Records of another agency. If a requested record is the property
of another federal agency or department, and that agency or department,
either in writing or by regulation, expressly retains ownership of such
record, upon receipt of a request for the record the FDIC will promptly
inform the requester of this ownership and immediately shall forward the
request to the proprietary agency or department either for processing in
accordance with the latter's regulations or for guidance with respect to
disposition.
Sec. 309.6 Disclosure of exempt records.
(a) Disclosure prohibited. Except as provided in paragraph (b) of this
section or by 12 CFR part 3105, no person shall disclose or permit
the disclosure of any exempt records, or information contained therein,
to any persons other than those officers, directors, employees, or
agents of the Corporation who have a need for such records in the
performance of their official duties. In any instance in which any
person has possession, custody or control of FDIC exempt records or
information contained therein, all copies of such records shall remain
the property of the Corporation and under no circumstances shall any
person, entity or agency disclose or make public in any manner the
exempt records or information without written authorization from the
Director of the Corporation's Division having primary authority over the
records or information as provided in this section.
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\5\The procedures for disclosing records under the Privacy Act are
separately set forth in 12 CFR part 310.
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(b) Disclosure authorized. Exempt records or information of the
Corporation may be disclosed only in accordance with the conditions and
requirements set forth in this paragraph (b). Requests for discretionary
disclosure of exempt records or information pursuant to this paragraph
(b) may be submitted directly to the Division having primary authority
over the exempt records or information or to the Office of Executive
Secretary for forwarding to the appropriate Division having primary
authority over the records sought. Such administrative request must
clearly state that it seeks discretionary disclosure of exempt records,
clearly identify the records sought, provide sufficient information for
the Corporation to evaluate whether there is good cause for disclosure,
and meet all other conditions set forth in paragraph (b)(1) through (10)
of this section. Information regarding the appropriate FDIC Division
having primary authority over a particular record or records may be
obtained from the Office of Executive Secretary. Authority to disclose
or authorize disclosure of exempt records of the Corporation is
delegated as follows:
(1) Disclosure to depository institutions. The Director of the
Corporation's Division having primary authority over the exempt records,
or designee, may disclose to any director or authorized officer,
employee or agent of any depository institution, information contained
in, or copies of, exempt records pertaining to that depository
institution.
(2) Disclosure to state banking agencies. The Director of the
Corporation's Division having primary authority over the exempt records,
or designee, may in his or her discretion and for good cause, disclose
to any authorized officer or employee of any state banking or securities
department or agency, copies of any exempt records to the extent the
records pertain to a state-chartered depository institution supervised
by the agency or authority, or where the exempt records are requested in
writing for a legitimate depository institution supervisory or
regulatory purpose.
(3) Disclosure to federal financial institutions supervisory agencies
and certain other agencies. The Director of the Corporation's Division
having primary authority over the exempt records, or designee, may in
his or her discretion and for good cause, disclose to any authorized
officer or employee of any federal financial institution supervisory
agency including the Comptroller of the Currency, the Board of Governors
of the Federal Reserve System, the Office of Thrift Supervision, the
Securities and Exchange Commission, the National Credit Union
Administration, or any other agency included in section 1101(7) of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et. seq.) (RFPA),
any exempt records for a legitimate depository institution supervisory
or regulatory purpose. The Director, or designee, may in his or her
discretion and for good cause, disclose exempt records, including
customer financial records, to certain other federal agencies as
referenced in section 1113 of the RFPA for the purposes and to the
extent permitted therein, or to any foreign bank regulatory or
supervisory authority as provided, and to the extent permitted, by
section 206 of the Federal Deposit Insurance Corporation Improvement Act
of 1991 (12 U.S.C. 3109).
(4) Disclosure to prosecuting or investigatory agencies or
authorities. (i) Reports of Apparent Crime pertaining to suspected
violations of law, which may contain customer financial records, may be
disclosed to federal or state prosecuting or investigatory authorities
without giving notice to the customer, as permitted in the relevant
exceptions of the RFPA.
(ii) The Director of the Corporation's Division having primary
authority over the exempt records, or designee, may disclose to the
proper federal or state prosecuting or investigatory authorities, or to
any authorized officer or employee of such authority, copies of exempt
records pertaining to irregularities discovered in depository
institutions which are believed to constitute violations of any federal
or state civil or criminal law, or unsafe or unsound banking practices,
provided that customer financial records may be disclosed without giving
notice to the customer, only as permitted by the relevant exceptions of
the RFPA. Unless such disclosure is initiated by the FDIC, customer
financial records shall be disclosed only in response to a written
request which:
(A) Is signed by an authorized official of the agency making the
request;
(B) Identifies the record or records to which access is requested; and
(C) Gives the reasons for the request.
(iii) When notice to the customer is required to be given under the
RFPA, the Director of the Corporation's Division having primary
authority over the exempt records, or designee, may disclose customer
financial records to any federal or state prosecuting or investigatory
agency or authority, provided, that:
(A) The General Counsel, or designee, has determined that disclosure
is authorized or required by law; or
(B) Disclosure is pursuant to a written request that indicates the
information is relevant to a legitimate law enforcement inquiry within
the jurisdiction of the requesting agency and:
(1) The Director of the Corporation's Division having primary
authority over the exempt records, or designee, certifies pursuant to
section 1112(a)6 of the RFPA that the records are believed relevant
to a legitimate law enforcement inquiry within the jurisdiction of the
receiving agency; and
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\6\The form of certification generally is as follows. Additional
information may be added:
Pursuant to section 1112(a) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3412), I, ______ [name and appropriate title] hereby
certify that the financial records described below were transferred to
(agency or department) in the belief that they were relevant to a
legitimate law enforcement inquiry, within the jurisdiction of the
receiving agency.
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(2) A copy of such certification and the notice required by section
1112(b)7 of the RFPA is sent within fourteen days of the disclosure
to the customer whose records are disclosed.8
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\7\The form of notice generally is as follows. Additional information
may be added:
Dear Mr./Ms. ______:
Copies of, or information contained in, your financial records
lawfully in the possession of the Federal Deposit Insurance Corporation
have been furnished to (agency or department) pursuant to the Right to
Financial Privacy Act of 1978 for the following purpose: ______. If you
believe that this transfer has not been made to further a legitimate law
enforcement inquiry, you may have legal rights under the Right to
Financial Privacy Act of 1978 or the Privacy Act of 1974.
\8\Whenever the Corporation is subject to a court-ordered delay of the
customer notice, the notice shall be sent immediately upon the
expiration of the court-ordered delay.
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(5) Disclosure to servicers and serviced institutions. The Director of
the Corporation's Division having primary authority over the exempt
records, or designee, may disclose copies of any exempt record related
to a bank data center, a depository institution service corporation or
any other data center that provides data processing or related services
to an insured institution (hereinafter referred to as ``data center'')
to:
(i) The examined data center;
(ii) Any insured institution that receives data processing or related
services from the examined data center;
(iii) Any state agency or authority which exercises general
supervision over an institution serviced by the examined data center;
and
(iv) Any federal financial institution supervisory agency which
exercises general supervision over an institution serviced by the
examined data center. The federal supervisory agency may disclose any
such examination report received from the Corporation to an insured
institution over which it exercises general supervision and which is
serviced by the examined data center.
(6) Disclosure to third parties. (i) Except as otherwise provided in
paragraphs (c) (1) through (5) of this section, the Director of the
Corporation's Division having primary authority over the exempt records,
or designee, may in his or her discretion and for good cause, disclose
copies of any exempt records to any third party where requested to do so
in writing. Any such written request shall:
(A) Specify, with reasonable particularity, the record or records to
which access is requested; and
(B) Give the reasons for the request.
(ii) Either prior to or at the time of any disclosure, the Director or
designee shall require such terms and conditions as he deems necessary
to protect the confidential nature of the record, the financial
integrity of any depository institution to which the record relates, and
the legitimate privacy interests of any individual named in such
records.
(7) Authorization for disclosure by depository institutions or other
third parties. (i) The Director of the Corporation's Division having
primary authority over the exempt records, or designee, may, in his or
her discretion and for good cause, authorize any director, officer,
employee, or agent of a depository institution to disclose copies of any
exempt record in his custody to anyone who is not a director, officer or
employee of the depository institution. Such authorization must be in
response to a written request from the party seeking the record or from
management of the depository institution to which the report or record
pertains. Any such request shall specify, with reasonable particularity,
the record sought, the party's interest therein, and the party's
relationship to the depository institution to which the record relates.
(ii) The Director of the Corporation's Division having primary
authority over the exempt records, or designee, may, in his or her
discretion and for good cause, authorize any third party, including a
federal or state agency, that has received a copy of a Corporation
exempt record, to disclose such exempt record to another party or
agency. Such authorization must be in response to a written request from
the party that has custody of the copy of the exempt record. Any such
request shall specify the record sought to be disclosed and the reasons
why disclosure is necessary.
(iii) Any subsidiary depository institution of a bank holding company
or a savings and loan holding company may reproduce and furnish a copy
of any report of examination of the subsidiary depository institution to
the parent holding company without prior approval of the Director of the
Division having primary authority over the exempt records and any
depository institution may reproduce and furnish a copy of any report of
examination of the disclosing depository institution to a majority
shareholder if the following conditions are met:
(A) The parent holding company or shareholder owns in excess of 50% of
the voting stock of the depository institution or subsidiary depository
institution;
(B) The board of directors of the depository institution or subsidiary
depository institution at least annually by resolution authorizes the
reproduction and furnishing of reports of examination (the resolution
shall specifically name the shareholder or parent holding company, state
the address to which the reports are to be sent, and indicate that all
reports furnished pursuant to the resolution remain the property of the
Federal Deposit Insurance Corporation and are not to be disclosed or
made public in any manner without the prior written approval of the
Director of the Corporation's Division having primary authority over the
exempt records as provided in paragraph (b) of this section;
(C) A copy of the resolution authorizing disclosure of the reports is
sent to the shareholder or parent holding company; and
(D) The minutes of the board of directors of the depository
institution or subsidiary depository institution for the meeting
immediately following disclosure of a report state:
(1) That disclosure was made;
(2) The date of the report which was disclosed;
(3) To whom the report was sent; and
(4) The date the report was disclosed.
(iv) With respect to any disclosure that is authorized under this
paragraph (b)(7), the Director of the Corporation's Division having
primary authority over the exempt records, or designee, shall only
permit disclosure of records upon determining that good cause exists. If
the exempt record contains information derived from depository
institution customer financial records, disclosure is to be authorized
only upon the condition that the requesting party and the party
releasing the records comply with any applicable provision of the RFPA.
Before authorizing the disclosure, the Director (or designee) may
require that both the party having custody of a copy of a Corporation
exempt record and the party seeking access to the record agree to such
limitations as the Director (or designee) deems necessary to protect the
confidential nature of the record, the financial integrity of any
depository institution to which the record relates and the legitimate
privacy interests of any persons named in such record.
(8) Disclosure by General Counsel. (i) The Corporation's General
Counsel, or designee, may disclose or authorize the disclosure of any
exempt record in response to a valid judicial subpoena, court order, or
other legal process, and authorize any current or former officer,
director, employee, agent of the Corporation, or third party, to appear
and testify regarding an exempt record or any information obtained in
the performance of such person's official duties, at any administrative
or judicial hearing or proceeding where such person has been served with
a valid subpoena, court order, or other legal process requiring him or
her to testify. The General Counsel shall consider the relevancy of such
exempt records or testimony to the litigation, and the interests of
justice, in determining whether to disclose such records or testimony.
Third parties seeking disclosure of exempt records or testimony in
litigation to which the FDIC is not a party shall submit a request for
discretionary disclosure directly to the General Counsel.9 Such
request shall specify the information sought with reasonable
particularity and shall be accompanied by a statement with supporting
documentation showing in detail the relevance of such exempt information
to the litigation, justifying good cause for disclosure, and a
commitment to be bound by a protective order. Failure to exhaust such
administrative request prior to service of a subpoena or other legal
process may, in the General Counsel's discretion, serve as a basis for
objection to such subpoena or legal process. Customer financial records
may not be disclosed to any federal agency that is not a federal
financial supervisory agency pursuant to this paragraph unless notice to
the customer and certification as required by the RFPA have been given
except where disclosure is subject to the relevant exceptions set forth
in the RFPA.
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\9\This administrative requirement does not apply to subpoenas, court
orders or other legal process issued for records of depository
institutions held by the FDIC as Receiver or Conservator. Subpoenas,
court orders or other legal process issued for such records will be
processed in accordance with State and Federal law, regulations, rules
and privileges applicable to FDIC as Receiver or Conservator.
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(ii) The General Counsel, or designee, may in his or her discretion
and for good cause, disclose or authorize disclosure of any exempt
record or testimony by a current or former officer, director, employee,
agent of the Corporation, or third party, sought in connection with any
civil or criminal hearing, proceeding or investigation without the
service of a judicial subpoena, or other legal process requiring such
disclosure or testimony, if he or she determines that the records or
testimony are relevant to the hearing, proceeding or investigation and
that disclosure is in the best interests of justice and not otherwise
prohibited by Federal statute. Customer financial records shall not be
disclosed to any federal agency pursuant to this paragraph that is not a
federal financial supervisory agency, unless the records are sought
under the Federal Rules of Civil Procedure (28 U.S.C. appendix) or the
Federal Rules of Criminal Procedure (18 U.S.C. appendix) or comparable
rules of other courts and in connection with litigation to which the
receiving federal agency, employee, officer, director, or agent, and the
customer are parties, or disclosure is otherwise subject to the relevant
exceptions in the RFPA. Where the General Counsel or designee authorizes
a current or former officer, director, employee or agent of the
Corporation to testify or disclose exempt records pursuant to this
paragraph (b)(8), he or she may, in his or her discretion, limit the
authorization to so much of the record or testimony as is relevant to
the issues at such hearing, proceeding or investigation, and he or she
shall give authorization only upon fulfillment of such conditions as he
or she deems necessary and practicable to protect the confidential
nature of such records or testimony.
(9) Authorization for disclosure by the Chairman of the Corporation's
Board of Directors. Except where expressly prohibited by law, the
Chairman of the Corporation's Board of Directors may in his or her
discretion, authorize the disclosure of any Corporation records. Except
where disclosure is required by law, the Chairman may direct any current
or former officer, director, employee or agent of the Corporation to
refuse to disclose any record or to give testimony if the Chairman
determines, in his or her discretion, that refusal to permit such
disclosure is in the public interest.
(10) Limitations on disclosure. All steps practicable shall be taken
to protect the confidentiality of exempt records and information. Any
disclosure permitted by paragraph (b) of this section is discretionary
and nothing in paragraph (b) of this section shall be construed as
requiring the disclosure of information. Further, nothing in paragraph
(b) of this section shall be construed as restricting, in any manner,
the authority of the Board of Directors, the Chairman of the Board of
Directors, the Director of the Corporation's Division having primary
authority over the exempt records, the Corporation's General Counsel, or
their designees, or any other Corporation Division or Office head, in
their discretion and in light of the facts and circumstances attendant
in any given case, to require conditions upon and to limit the form,
manner, and extent of any disclosure permitted by this section. Wherever
practicable, disclosure of exempt records shall be made pursuant to a
protective order and redacted to exclude all irrelevant or non-
responsive exempt information.
Sec. 309.7 Service of process.
(a) Service. Any subpoena or other legal process to obtain information
maintained by the FDIC shall be duly issued by a court having
jurisdiction over the FDIC, and served upon either the Executive
Secretary (or designee), FDIC, 550 17th Street, N.W., Washington, DC
20429, or the Regional Director or Regional Manager of the FDIC region
where the legal action from which the subpoena or process was issued is
pending. A list of the FDIC's regional offices is available from the
Office of Corporate Communications, FDIC, 550 17th Street, N.W.,
Washington, DC 20429 (telephone 202-898-6996). Where the FDIC is named
as a party, service of process shall be made pursuant to the Federal
Rules of Civil Procedure, and upon the Executive Secretary (or
designee), FDIC, 550 17th Street N.W., Washington, DC 20429, or upon the
agent designated to receive service of process in the state, territory,
or jurisdiction in which any insured depository institution is located.
Identification of the designated agent in the state, territory, or
jurisdiction may be obtained from the Office of the Executive Secretary
or from the Office of the General Counsel, FDIC, 550 17th Street N.W.,
Washington, DC 20429. The Executive Secretary (or designee), Regional
Director or designated agent shall immediately forward any subpoena,
court order or legal process to the General Counsel. The Corporation may
require the payment of fees, in accordance with the fee schedule
referred to in Sec. 309.5(c)(3), prior to the release of any records
requested pursuant to any subpoena or other legal process.
(b) Notification by person served. If any current or former officer,
director, employee or agent of the Corporation, or any other person who
has custody of records belonging to the FDIC, is served with a subpoena,
court order, or other process requiring that person's attendance as a
witness concerning any matter related to official duties, or the
production of any exempt record of the Corporation, such person shall
promptly advise the Office of the Corporation's General Counsel of such
service, of the testimony and records described in the subpoena, and of
all relevant facts which may be of assistance to the General Counsel in
determining whether the individual in question should be authorized to
testify or the records should be produced. Such person should also
inform the court or tribunal which issued the process and the attorney
for the party upon whose application the process was issued, if known,
of the substance of this section.
(c) Appearance by person served. Absent the written authorization of
the Corporation's General Counsel, or designee, to disclose the
requested information, any current or former officer, director,
employee, or agent of the Corporation, and any other person having
custody of records of the Corporation, who is required to respond to a
subpoena or other legal process, shall attend at the time and place
therein specified and respectfully decline to produce any such record or
give any testimony with respect thereto, basing such refusal on this
section.
PART 310--SAFEGUARDING PERSONAL INFORMATION IN FEDERAL DEPOSIT
INSURANCE CORPORATION RECORDS
Sec.
310.1 Purpose and scope.
310.2 Definitions.
310.3 Procedures for requests pertaining to individual records in a
system of records.
310.4 Times, places, and requirements for identification of individuals
making requests.
310.5 Disclosure of requested information to individuals.
310.6 Special procedures: Medical records.
310.7 Request for amendment of record.
310.8 Agency review of request for amendment of record.
310.9 Appeal of adverse initial agency determination on access or
amendment.
310.10 Disclosure of record to person other than the individual to whom
it pertains.
310.11 Fees.
310.12 Penalties.
310.13 Exemptions.
Authority: 5 U.S.C. 552a.
Source: 40 FR 46274, Oct. 6, 1975, unless otherwise noted.
Sec. 310.1 Purpose and scope.
This regulation sets forth the basic policies of the Corporation
regarding the protection of the privacy of individuals on whom the
Corporation maintains information which is retrieved by reference to an
individual's name or an identifying particular assigned to the
individual.
Sec. 310.2 Definitions.
For purposes of this part:
(a) The term ``Corporation'' means the Federal Deposit Insurance
Corporation;
(b) The term ``individual'' means a natural person who is either a
citizen of the United States or an alien lawfully admitted for permanent
residence;
(c) The term ``maintain'' includes maintain, collect, use,
disseminate, or control;
(d) The term ``record'' means any item, collection or grouping of
information about an individual that contains his/her name, or the
identifying number, symbol, or other identifying particular assigned to
the individual;
(e) The term ``system of records'' means a group of any records under
the control of the Corporation from which information is retrieved by
the name of the individual or some identifying number, symbol or other
identifying particular assigned to the individual;
(f) The term ``designated system of records'' means a system of
records which has been listed and summarized in the Federal Register
pursuant to the requirements of 5 U.S.C. 552a(e);
(g) The term ``routine use'' means, with respect to disclosure of a
record, the use of such record for a purpose which is compatible with
the purpose for which it was created;
(h) The terms ``amend'' or ``amendment'' mean any correction, addition
to or deletion from a record; and
(i) The term ``system manager'' means the agency official responsible
for a designated system of records, as denominated in the Federal
Register publication of ``Systems of Records Maintained by the Federal
Deposit Insurance Corporation.''
[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]
Sec. 310.3 Procedures for requests pertaining to individual records
in a system of records.
(a) Any present or former employee of the Corporation seeking access
to his/her official Civil Service records maintained by the Corporation
shall submit his/her request in such manner as is prescribed by the
Civil Service Commission in part 297 of its rules and regulations (5 CFR
part 297).
(b) Requests by individuals for access to records pertaining to them
and maintained within one of the Corporation's designated systems of
records should be submitted in writing to the Office of the Executive
Secretary, Records Unit, Federal Deposit Insurance Corporation,
Washington, DC 20429. Each such request should contain a reasonable
description of the records sought, the system or systems in which such
record may be contained, and any additional identifying information, as
specified in the Corporation's Federal Register ``Notice of Systems of
Records'' for that particular system, copies of which are available upon
request from the Records Unit, Office of the Executive Secretary.
[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]
Sec. 310.4 Times, places, and requirements for identification of
individuals making requests.
(a) Individuals may request access to records pertaining to themselves
by submitting a written request as provided in Sec. 310.3 of these
regulations, or by appearing in person on weekdays, other than official
holidays, at the Office of the Executive Secretary, Records Unit,
Federal Deposit Insurance Corporation, 550 17th Street, NW, Washington,
DC 20429, between the hours of 8:30 a.m. and 5 p.m.
(b) Individuals appearing in person at the Corporation seeking access
to or amendment of their records shall present two forms of reasonable
identification, such as employment identification cards, driver's
licenses, or credit cards.
(c) Except for records that must be publicly disclosed pursuant to the
Freedom of Information Act, 5 U.S.C. 552, where the Corporation
determines it to be necessary for the individual's protection, a
certification of a duly commissioned notary public, of any state or
territory, attesting to the requesting individual's identity may be
required before a written request seeking access to or amendment of a
record will be honored.
[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]
Sec. 310.5 Disclosure of requested information to individuals.
(a) Except to the extent that Corporation records pertaining to an
individual
(1) Are exempt from disclosure under Sec. Sec. 310.6 and 310.13 of
this part, or
(2) Were compiled in reasonable anticipation of a civil action or
proceeding, the Corporation will make such records available upon
request for purposes of inspection and copying by the individual (after
proper identity verification as provided in Sec. 310.4) and, upon the
individual's request and written authorization, by another person of the
individual's own choosing.
(b) The Executive Secretary will notify, in writing, the individual
making a request, whenever practicable within ten business days
following receipt of the request, whether any specified designated
system of records maintained by the Corporation contains a record
pertaining to the individual. Where such a record does exist, the
Executive Secretary also will inform the individual of the system
manager's decision whether to grant or deny the request for access. In
the event existing records are determined not to be disclosable, the
notification will inform the individual of the reasons for which
disclosure will not be made and will provide a description of the
individual's right to appeal the denial, as more fully set forth in
Sec. 310.9. Where access is to be granted, the notification will specify
the procedures for verifying the individual's identity, as set forth in
Sec. 310.4.
(c) Individuals will be granted access to records disclosable under
this part 310 as soon as is practicable. The Executive Secretary will
give written notification of a reasonable period within which
individuals may inspect disclosable records pertaining to themselves at
the Office of the Executive Secretary during normal business hours.
Alternatively, individuals granted access to records under this part may
request that copies of such records be forwarded to them. Fees for
copying such records will be assessed as provided in Sec. 310.11.
[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]
Sec. 310.6 Special procedures: Medical records.
Medical records shall be disclosed on request to the individuals to
whom they pertain, except, if in the judgment of the Corporation, the
transmission of the medical information directly to the requesting
individual could have an adverse effect upon such individual. In the
event medical information is withheld from a requesting individual due
to any possible adverse effect such information may have upon the
individual, the Corporation shall transmit such information to a medical
doctor named by the requesting individual.
Sec. 310.7 Request for amendment of record.
The Corporation will maintain all records it uses in making any
determination about any individual with such accuracy, relevance,
timeliness and completeness as is reasonably necessary to assure
fairness to the individual in the determination. An individual may
request that the Corporation amend any portion of a record pertaining to
that individual which the Corporation maintains in a designated system
of records. Such a request should be submitted in writing to the Office
of the Executive Secretary, Records Unit, Federal Deposit Insurance
Corporation, Washington, DC 20429 and should contain the individual's
reason for requesting the amendment and a description of the record
(including the name of the appropriate designated system and category
thereof) sufficient to enable the Corporation to identify the particular
record or portion thereof with respect to which amendment is sought.
Sec. 310.8 Agency review of request for amendment of record.
(a) Requests by individuals for the amendment of records will be
acknowledged by the Executive Secretary of the Corporation, and referred
to the system manager of the system of records in which the record is
contained for determination, within ten business days following receipt
of such requests. Promptly thereafter, the Executive Secretary will
notify the individual of the system manager's decision to grant or deny
the request to amend.
(b) If the system manager denies a request to amend a record, the
notification of such denial shall contain the reason for the denial and
a description of the individual's right to appeal the denial as more
fully set forth in Sec. 310.9.
[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]
Sec. 310.9 Appeal of adverse initial agency determination on access
or amendment.
(a) A system manager's denial of an individual's request for access to
or amendment of a record pertaining to him/her may be appealed in
writing to the Board of Directors of the Corporation within 30 business
days following receipt of notification of the denial. Such an appeal
should be forwarded to the Office of the Executive Secretary, Records
Unit, and contain all the information specified for initial requests to
amend in Sec. 310.7, as well as any other additional information the
individual deems relevant to the Board of Directors' consideration of
the appeal.
(b) The Board of Directors will normally make a final determination
with respect to an appeal made under this part within 30 business days
following receipt by the Office of the Executive Secretary of the
appeal. The Board of Directors may, however, extend this 30 day time
period for good cause. Where such an extension is required, the
individual making the appeal will be notified of the reason for the
extension and the expected date upon which a final decision will be
given.
(c) If the Corporation's Board of Directors affirms the initial denial
of a request for access or to amend, it will inform the individual
affected of the decision, the reasons therefor and the right of judicial
review of the decision. In addition, as pertains to a request for
amendment, the individual may at that point submit to the Corporation a
concise statement setting forth his or her reasons for disagreeing with
the Corporation's refusal to amend.
[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]
Sec. 310.10 Disclosure of record to person other than the
individual to whom it pertains.
(a) Except as provided in paragraph (b) of this section, the
Corporation will not disclose any record contained in a designated
system of records to any person or agency except with the prior written
consent of the individual to whom the record pertains.
(b) The restrictions on disclosure in paragraph (a) of this section do
not apply to any of the following disclosures:
(1) To those officers and employees of the Corporation who have a need
for the record in the performance of their duties;
(2) Which is required under the Freedom of Information Act (5 U.S.C.
552);
(3) For a routine use listed with respect to a designated system of
records;
(4) To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to the provisions of
Title 13 of the United States Code;
(5) To a recipient who has provided the Corporation with advance
adequate written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
(6) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the
Administrator of General Services or his designee to determine whether
the record has such value;
(7) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is authorized
by law, and if the head of the agency or instrumentality has made a
written request to the Corporation specifying the particular portion
desired and the law enforcement activity for which the record is sought;
(8) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if, upon such
disclosure, notification is transmitted to the last known address of
such individual;
(9) To either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(10) To the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of the
General Accounting Office; or
(11) Pursuant to the order of a court of competent jurisdiction.
(c) Any statement of disagreement with the Corporation's refusal to
amend, filed with the Corporation by an individual pursuant to
Sec. 310.9(c), will be included in the disclosure of any records under
authority of paragraph (b) of this section. The Corporation may in its
discretion also include a copy of a concise statement of its reasons for
not making the requested amendment.
(d) The Corporation will adhere to the following procedures in the
case of disclosure of any record pursuant to the authority of paragraphs
(b)(3) through (b)(11) of this section.
(1) The Corporation will keep a record of the date, nature and purpose
of each such disclosure, as well as the name and address of the person
or agency to whom such disclosure is made; and
(2) The Corporation will retain and, with the exception of disclosures
made pursuant to paragraph (b)(7) of this section, make available to the
individual named in the record for the greater of five years or the life
of the record all material compiled under paragraph (d)(1) of this
section with respect to disclosure of such record.
(e) Whenever a record which has been disclosed by the Corporation
under authority of paragraph (b) of this section is, within a reasonable
amount of time after such disclosure, either amended by the Corporation
or the subject of a statement of disagreement, the Corporation will
transmit such additional information to any person or agency to whom the
record was disclosed, if such disclosure was subject to the accounting
requirements of paragraph (d)(1) of this section.
Sec. 310.11 Fees.
The Corporation, upon a request for records disclosable pursuant to
the Privacy Act of 1974 (5 U.S.C. 552a), shall charge a fee of $0.10 per
page for duplicating, except as follows:
(a) If the Corporation determines that it can grant access to a record
only by providing a copy of the record, no fee will be charged for
providing the first copy of the record or any portion thereof;
(b) Whenever the aggregate fees computed under this section do not
exceed $2 for any one request, the fee will be deemed waived by the
Corporation; or,
(c) Whenever the Corporation determines that a reduction or waiver is
warranted, it may reduce or waive any fees imposed for furnishing
requested information pursuant to this section.
Sec. 310.12 Penalties.
Subsection (i)(3) of the Privacy Act of 1974 (5 U.S.C. 552a(i)(3))
imposes criminal penalties for obtaining Corporation records on
individuals under false pretenses. The subsection provides as follows:
``Any person who knowingly and willfully requests or obtains any record
concerning an individual from an agency under false pretenses shall be
guilty of a misdemeanor and fined not more than $5,000.''
Sec. 310.13 Exemptions.
The following systems of records are exempt from Sec. Sec. 310.3-310.9
and Sec. 310.10(d)(2) of these rules:
(a) Investigatory material compiled for law enforcement purposes in
the following systems of records is exempt from Sec. Sec. 310.3 through
310.9 and Sec. 310.10(d)(2) of these rules; provided, however, that if
any individual is denied any right, privilege, or benefit to which he/
she would otherwise be entitled under Federal law, or for which he/she
would otherwise be eligible, as a result of the maintenance of such
material, such material shall be disclosed to such individual, except to
the extent that the disclosure of such material would reveal the
identity of a source who furnished information to the Government under
an express promise that the identity of the source would be held in
confidence, or, prior to September 27, 1975, under an implied promise
that the identity of the source would be held in confidence:
``30-64-0002''--Financial institutions investigative and enforcement
records system.
``30-64-0010''--Investigative files and records.
(b) Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Corporation
employment to the extent that the disclosure of such material would
reveal the identity of a source who furnished information to the
Corporation under an express promise that the identity of the source
would be held in confidence, or, prior to September 27, 1975, under an
implied promise that the identity of the source would be held in
confidence, in the following system of records, is exempt from
Sec. Sec. 310.3-310.9 and Sec. 310.10(d)(2) of these rules:
``30-64-0001''--Attorney-legal internal applicant system.
``30-64-0010''--Investigative files and records.
(c) Testing or examination material used solely to determine or assess
individual qualifications for appointment or promotion in the
Corporation's service, the disclosure of which would compromise the
objectivity or fairness of the testing, evaluation, or examination
process in the following system of records, is exempt from
Sec. Sec. 310.3-310.9 and Sec. 310.10(d)(2) of these rules:
``30-64-0009''--Examiner training and education records.
[42 FR 6797, Feb. 4, 1977, as amended at 42 FR 33720, July 1, 1977; 53
FR 7340, Mar. 8, 1988; 54 FR 38507, Sept. 19, 1989]