FHFA-1, Federal Home Loan Bank System Directory; FHFA-2, Financial Management System; and FHFA-3, Correspondence Tracking System

Federal Housing Finance Agency FHFA http://www.gpo.gov/fdsys/pkg/FR-2009-07-06/pdf/E9-15886.pdf FHFA-1, Federal Home Loan Bank System Directory; FHFA-2, Financial Management System; and FHFA-3, Correspondence Tracking System

-1 Federal Home Loan Bank System Directory.

None.

Federal Housing Finance Agency, 1700 G Street, NW., Washington, DC 20552.

Current Federal Home Loan Bank (Bank) presidents, chairs, vice chairs, directors and senior staff; members of the Bank's Affordable Housing Advisory Councils; and senior staff at the Office of Finance, and Federal Housing Finance Agency (FHFA).

Records contain information such as name, role, organization, address, phone number, and e-mail address.

The Federal Home Loan Bank Act (12 U.S.C. 1421-1449), as amended by the Housing and Economic Recovery Act of 2008, Public Law 110-289, 122 Stat. 2654 (2008).

FHFA collects records to maintain current contact information and facilitate effective communications between individuals at FHFA, the Banks, and the Office of Finance.

It shall be a routine use to disclose information contained in this system for the purposes and to the users identified below:

1. The Banks in order to provide contact information for individuals covered by the system.

2. The United States Department of Justice (DOJ) or another Federal agency conducting litigation, or any court or adjudicative or administrative body, if:

a. FHFA, any employee of FHFA in his/her official capacity or in his/her individual capacity if DOJ has agreed to represent the employee, or the United States or any agency thereof, is a party to or has a significant interest in the litigation or proceeding; and

b. FHFA determines that use of the records is relevant and necessary to the litigation or proceeding.

3. The appropriate Federal, State, local or foreign agency or authority responsible for auditing, investigating or prosecuting a violation or potential violation of a criminal or civil law, rule, or regulation or for enforcing or implementing a statute, rule, regulation, or order, if information in the system indicates such a violation.

4. Any source, including a Federal, State, or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, but only to the extent necessary for FHFA to obtain information relevant to a decision concerning the hiring or retention of an individual, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.

5. Another Federal agency if the records are relevant and necessary to carry out that agency's authorized functions and to the decision on a matter, including, but not limited to the hiring or retention of an individual, the issuance of a security clearance, the reporting of an investigation of an individual, the letting of a contract, or issuance of a license, grant, or other benefit by the requesting agency.

6. The Office of Management and Budget in connection with the review of private relief legislation.

7. An authorized appeal grievance examiner, a formal complaints examiner, an equal employment opportunity investigator, or an arbitrator or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee.

8. The Office of Personnel Management in connection with the evaluation and oversight of Federal personnel management concerning wages, benefits, retirement deductions, and other information necessary to carry out government-wide personnel functions, and to other Federal agencies to facilitate employee transfers.

9. Authorized employees of a Federal agency for purposes of an audit.

10. A congressional office in response to an inquiry from the congressional office made at the request of the subject individual.

11. The DOJ to determine whether disclosure is required by the Freedom of Information Act (5 U.S.C. 552) (FOIA).

12. An individual or entity submitting a FOIA request if the information is subject to a FOIA exemption but the FHFA determines not to assert the exemption.

13. State and local taxing authorities if the Secretary of the Treasury has entered into an agreement, and the employee is subject to tax by that authority, whether or not tax is withheld.

14. Appropriate persons, consultants, contractors, entities or others when:

a. FHFA suspects or confirms that the security or confidentiality of information in a system of records has been compromised;

b. FHFA determines that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of systems or programs (whether maintained by FHFA or another agency or entity) that rely upon the compromised information; and

c. The disclosure made to such agencies, entities and persons is reasonably necessary to assist in connection with FHFA's efforts to respond to the suspected or confirmed compromise and prevent, minimize or remedy such harm.

15. The National Archives and Records Administration and the General Services Administration for records management inspections, surveys and studies and to determine whether the records have sufficient historical or other value to warrant accessioning into the National Archives of the United States.

16. FHFA personnel having a need for access to the records to perform their official functions.

17. A consultant, person, or entity that contracts or subcontracts with FHFA, to the extent necessary for the performance of the contract or subcontract and consistent with the purpose of the system, provided that the person or entity acknowledges in writing that it is required to maintain Privacy Act safeguards for the information.

18. The U.S. Department of the Treasury, Federal debt collection centers, other appropriate Federal agencies, and private collection contractors or other third parties authorized by law, for the purpose of collecting or assisting in the collection of delinquent debts owed to FHFA or the Federal government. Disclosure will be limited to the individual's name, Social Security number, and other information necessary to establish the identity of the individual, and the existence, validity, amount, status, and history of the debt.

19. The U.S. Department of the Treasury to effect issuance of wage payments through electronic funds transfer.

20. The Internal Revenue Service and Social Security Administration.

21. Federal, State and local agencies to assist in processing unemployment claims and enforcing child and spousal support obligations.

22. Federal, State and local government authorities, medical personnel, first responders and other emergency services personnel, and contractors, agency employees or others as necessary for continuity of operations planning, testing and execution, to ensure personnel accountability, or to respond to medical or other emergency situations.

23. Federal agencies as a data source for management information through the production of summary descriptive statistics and analytical studies in support of the functions for which the records are maintained or for related studies.

Disclosure to consumer reporting agencies:

None.

Storage:

Records in this system are stored in electronic format.

Records can be retrieved by last name, first name, organization, Bank name, and role.

System access is restricted to authorized users from FHFA, the Banks, and the Office of Finance according to fixed permission levels.

Records pertaining to a particular individual are retained for the length of the individual's term of service. Records are updated as information changes but at least annually.

Division for Bank Regulation, Federal Housing Finance Agency, 1700 G Street, NW., Washington, DC 20552.

Direct inquiries as to whether this system contains a record pertaining to an individual to the Privacy Act Officer by electronic mail, regular mail, or fax. The electronic mail address is: privacy@fhfa.gov. The regular mail address is: Privacy Act Officer, Federal Housing Finance Agency, 1625 Eye Street, NW., Washington, DC 20006. The fax number is: 202-408-2580. For the quickest possible handling, you should mark your electronic mail, letter, or fax and the subject line, envelope, or fax cover sheet "Privacy Act Request" in accordance with the procedures set forth in 12 CFR part 1204.

Direct requests for access, amendment, or correction to a record to the Privacy Act Officer, Federal Housing Finance Agency, 1625 Eye Street, NW., Washington DC 20006, in accordance with the procedures set forth in 12 CFR part 1204.

Direct requests to contest or appeal an adverse determination for a record to the Privacy Act Appeals Officer, Federal Housing Finance Agency, 1625 Eye Street, NW., Washington DC 20006, in accordance with the procedures set forth in 12 CFR part 1204.

The subject individuals and Bank, Office of Finance, and FHFA staff.

None.

-2 Financial Management System.

None.

Federal Housing Finance Agency, 1700 G Street, NW., Washington DC 20552.

Records cover prospective, present and former employees, contractors, and vendors of the Federal Housing Finance Agency (FHFA).

Financial Management Records: These records relate to government travel, vendor accounts, other employee reimbursements, interagency transactions, employee pay records, vendor registration data, purchase card accounts and transactions, and program payment agreements.

Procurement Records: These records relate to contractors/vendors if they are individuals, purchase card holders, including the name, social security number, and credit card number for employees who hold Government use cards, and procurement integrity certificates containing certifications by procurement officials that they are familiar with the Federal Procurement Policy Act.

The Federal Home Loan Bank Act (12 U.S.C. 1421-1449) and Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501, et seq.), as amended by the Housing and Economic Recovery Act of 2008, Public Law No. 110-289, 122 Stat. 2654 (2008); Government Organizations and Employees (5 U.S.C. 5701-5709); Money and Finance (31 U.S.C. 3512); Federal Acquisition Regulation (48 CFR chapter 1).

FHFA collects and maintains these records to ensure the orderly processing of administrative actions within the agency.

It shall be a routine use to disclose information contained in this system for the purposes and to the users identified below:

1. The Administrative Resource Center, Bureau of the Public Debt to complete administrative processing.

2. The United States Department of Justice (DOJ) or another Federal agency conducting litigation, or any court or adjudicative or administrative body, if:

b. FHFA determines that use of the records is relevant and necessary to the litigation or proceeding.

3. The appropriate Federal, State, local or foreign agency or authority responsible for auditing, investigating, or prosecuting a violation or potential violation of a criminal or civil law, rule, or regulation or for enforcing or implementing a statute, rule, regulation, or order, if information in the system indicates such a violation.

4. Any source, including a Federal, State, or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, but only to the extent necessary for the FHFA to obtain information relevant to a decision concerning the hiring or retention of an individual, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.

6. The Office of Management and Budget in connection with the review of private relief legislation.

7. An authorized appeal grievance examiner, a formal complaints examiner, an equal employment opportunity investigator, an arbitrator, or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee.

9. Authorized employees of a Federal agency for purposes of an audit.

10. A congressional office in response to an inquiry from the congressional office made at the request of the subject individual.

11. The DOJ to determine whether disclosure is required by the Freedom of Information Act (5 U.S.C. 552) (FOIA).

12. An individual or entity submitting a FOIA request if the information is subject to a FOIA exemption but the FHFA determines not to assert the exemption.

13. State and local taxing authorities if the Secretary of the Treasury has entered into an agreement, and the employee is subject to tax by that authority, whether or not tax is withheld.

14. Appropriate persons, consultants, contractors, entities or others when:

a. FHFA suspects or confirms that the security or confidentiality of information in a system of records has been compromised;

c. The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with FHFA's efforts to respond to the suspected or confirmed compromise and prevent, minimize or remedy such harm.

15. The National Archives and Records Administration and the General Services Administration for records management inspections, surveys, and studies and to determine whether the records have sufficient historical or other value to warrant accessioning into the National Archives of the United States.

16. FHFA personnel having a need for access to the records to perform their official functions.

19. The U.S. Department of the Treasury to effect issuance of wage payments through electronic funds transfer.

20. The Internal Revenue Service and Social Security Administration.

21. Federal, State and local agencies to assist in processing unemployment claims and enforcing child and spousal support obligations.

Disclosure to consumer reporting agencies:

In accordance with the Privacy Act (5 U.S.C. 552a(b)(12)), disclosures may be made to "consumer reporting agencies" as defined in 31 U.S.C. 3701(a)(3) to aid in the collection of outstanding debts owed to the Federal Government. After following the prerequisites of 31 U.S.C. 3711, FHFA may disclose information necessary to establish the identity of the individual responsible for the claim, including name, address and taxpayer identification number, the amount, status and history of the claim, and the agency or program under which the claim arose.

Storage:

Records in this system are stored on paper, microform or in electronic media.

By name, social security number or other assigned identifier.

Records are maintained in controlled access areas. Identification cards are verified to ensure that only authorized personnel are present. Electronic records are protected by restricted access procedures, including the use of passwords and sign-on protocols that periodically are changed. Only employees whose official duties require access are allowed to view, administer and control these records.

Records are maintained in accordance with National Archives and Records Administration retention schedules. Paper and microform records ready for disposal are destroyed by shredding or maceration. Records in electronic media are electronically erased using accepted techniques.

Office of Budget and Financial Management, Federal Housing Finance Agency, 1700 G Street, NW., Washington DC 20552.

Direct inquiries as to whether this system contains a record pertaining to an individual to the Privacy Act Officer, Federal Housing Finance Agency, 1625 Eye Street, NW., Washington DC 20006, in accordance with the procedures set forth in 12 CFR part 1204.

Direct requests to access, amend or correct a record to the Privacy Act Officer, Federal Housing Finance Agency, 1625 Eye Street, NW., Washington DC 20006, in accordance with the procedures set forth in 12 CFR part 1204.

Information is provided by the subject of the record, authorized representatives, supervisors, employers, other employees, other Federal, State or local agencies, and commercial entities.

None.

-3 Correspondence Tracking System.

None.

Federal Housing Finance Agency, 1700 G Street NW., Washington DC 20552.

An individual or entity who has submitted a request or inquiry concerning Federal Housing Finance Agency (FHFA) activities or practices.

Correspondence and records of communications between FHFA and individuals or entities submitting requests or inquiries, including copies of supporting documents and contact information supplied by the individuals or entities.

FHFA collects and maintains these records to facilitate the orderly processing of correspondence by the agency.

It shall be a routine use to disclose information contained in this system for the purposes and to the users identified below:

1. The United States Department of Justice (DOJ) or another Federal agency conducting litigation, or any court or adjudicative or administrative body, if:

b. FHFA determines that use of the records is relevant and necessary to the litigation or proceeding.

2. The appropriate Federal, State, local or foreign agency or authority responsible for auditing, investigating or prosecuting a violation or potential violation of a criminal or civil law, rule, or regulation or for enforcing or implementing a statute, rule, regulation, or order, if information in the system indicates such a violation.

3. Any source, including a Federal, State, or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, but only to the extent necessary for the FHFA to obtain information relevant to a decision concerning the hiring or retention of an individual, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or other benefit.

4. Another Federal agency if the records are relevant and necessary to carry out that agency's authorized functions and to the decision on a matter, including, but not limited to the hiring or retention of an individual, the issuance of a security clearance, the reporting of an investigation of an individual, the letting of a contract, or issuance of a license, grant or other benefit by the requesting agency.

5. The Office of Management and Budget in connection with the review of private relief legislation.

6. An authorized appeal grievance examiner, a formal complaints examiner, an equal employment opportunity investigator, or an arbitrator or other duly authorized official engaged in investigation or settlement of a grievance, complaint or appeal filed by an employee.

7. The Office of Personnel Management in connection with the evaluation and oversight of Federal personnel management concerning wages, benefits, retirement deductions and other information necessary to carry out government-wide personnel functions, and to other Federal agencies to facilitate employee transfers.

8. Authorized employees of a Federal agency for purposes of an audit.

9. A congressional office in response to an inquiry from the congressional office made at the request of the subject individual.

10. The DOJ to determine whether disclosure is required by the Freedom of Information Act (5 U.S.C. 552) (FOIA).

11. An individual or entity submitting a FOIA request if the information is subject to a FOIA exemption but the FHFA determines not to assert the exemption.

12. State and local taxing authorities if the Secretary of the Treasury has entered into an agreement, and the employee is subject to tax by that authority, whether or not tax is withheld.

13. Appropriate persons, consultants, contractors, entities or others when:

a. FHFA suspects or confirms that the security or confidentiality of information in a system of records has been compromised;

14. The National Archives and Records Administration and the General Services Administration for records management inspections, surveys and studies and to determine whether the records have sufficient historical or other value to warrant accessioning into the National Archives of the United States.

15. FHFA personnel having a need for access to the records to perform their official functions.

16. A consultant, person, or entity that contracts or subcontracts with FHFA, to the extent necessary for the performance of the contract or subcontract and consistent with the purpose of the system, provided that the person or entity acknowledges in writing that it is required to maintain Privacy Act safeguards for the information.

17. The U.S. Department of the Treasury, Federal debt collection centers, other appropriate Federal agencies, and private collection contractors or other third parties authorized by law, for the purpose of collecting or assisting in the collection of delinquent debts owed to FHFA or the Federal government. Disclosure will be limited to the individual's name, Social Security number, and other information necessary to establish the identity of the individual, and the existence, validity, amount, status, and history of the debt.

18. The U.S. Department of the Treasury to effect issuance of wage payments through electronic funds transfer.

19. The Internal Revenue Service and Social Security Administration.

20. Federal, State and local agencies to assist in processing unemployment claims and enforcing child and spousal support obligations.

21. Federal, State and local government authorities, medical personnel, first responders and other emergency services personnel, and contractors, agency employees or others as necessary for continuity of operations planning, testing and execution, to ensure personnel accountability, or to respond to medical or other emergency situations.

22. Federal agencies as a data source for management information through the production of summary descriptive statistics and analytical studies in support of the functions for which the records are maintained or for related studies.

Disclosure to consumer reporting agencies:

None.

Storage:

Records in this system are stored in electronic media and in hard copy.

Electronic media and paper format are indexed and retrieved by unique identification number that may be cross referenced to the individual's name.

Records are maintained in controlled access areas. Electronic records are protected by restricted access procedures, including the use of passwords and sign-on protocols that periodically are changed. Only employees whose official duties require access are allowed to view, administer and control these records.

Records are maintained in accordance with National Archives and Records Administration retention schedules. Records are disposed of according to accepted techniques.

Office of the Director, Federal Housing Finance Agency, 1700 G Street, NW., Washington DC 20552.

The information is obtained from the subject individual or entity, congressional offices that initiate a request or inquiry, and other parties providing information to FHFA in an attempt to resolve the request or inquiry.

None.

Systems of Records Published Between January 2, 2008 and December 31, 2009 Banks and Banking Federal Housing Finance Board PRIVACY ACT IMPLEMENTATION

Sec.

1204.1 Why did FHFA issue this part?

1204.2 What do the terms in this part mean?

1204.3 How do I make a Privacy Act request?

1204.4 How will FHFA respond to my Privacy Act request?

1204.5 What if I am dissatisfied with the FHFA response to my Privacy Act request?

1204.6 What does it cost to get records under the Privacy Act?

1204.7 Are there any exemptions from the Privacy Act?

1204.8 How are records secured?

1204.9 Does FHFA collect and use Social Security numbers?

1204.10 What are FHFA employee responsibilities under the Privacy Act?

Authority: 5 U.S.C. 552a.

Source: 74 FR 33908, July 14, 2009, unless otherwise noted.

§ 1204.1 Why did FHFA issue this part?

FHFA issued this part to:

(a) Implement the Privacy Act of 1974, 5 U.S.C. 552a, as amended (Privacy Act), a Federal law that helps protect private information about individuals that Federal agencies collect or maintain. You should read this part together with the Privacy Act, which provides additional information about records maintained on individuals;

(b) Establish rules that apply to all FHFA maintained systems of records retrieved by an individual's name or other personal identifier;

(c) Describe procedures through which you may request access to records, request amendment or correction of those records, and request an accounting of disclosures of those records by FHFA;

(d) Inform you, that when it is appropriate to do so, FHFA automatically processes a Privacy Act request for access to records under both the Privacy Act and the FOIA, following the rules contained in this part and part 1202 of this subchapter so you will receive the maximum amount of information available to you by law; and

(e) Notify you that this regulation does not entitle you to any service or to the disclosure of any record to which you are not entitled under the Privacy Act. It also does not, and may not be relied upon to create any substantive or procedural right or benefit enforceable against FHFA.

§ 1204.2 What do the terms in this part mean?

The following definitions apply to the terms used in this part--

Access means making a record available to a subject individual.

Amendment means any correction of, addition to, or deletion from a record.

Court means any entity conducting a legal proceeding.

FHFA means the Federal Housing Finance Agency.

FHFB means the Federal Housing Finance Board.

FOIA means the Freedom of Information Act, as amended (5 U.S.C. 552).

Individual means a natural person who is either a citizen ofhe United States of America or an alien lawfully admitted for permanent residence.

Maintain includes collect, use, disseminate, or control.

OFHEO means the Office of Federal Housing Enterprise Oversight.

Privacy Act means the Privacy Act of 1974, as amended (5 U.S.C. 552a).

Privacy Act Appeals Officer means the FHFA employee who has been delegated the authority to determine Privacy Act appeals.

Privacy Act Officer means the FHFA employee who has primary responsibility for privacy and data protection policy and is authorized to determine Privacy Act requests.

Record means any item, collection, or grouping of information about an individual that FHFA maintains within a system of records, including, but not limited to, the individual's name, an identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or photograph.

Routine use means the purposes for which records and information contained in a system of records may be disclosed by FHFA without the consent of the subject of the record. Routine uses for records are identified in each System of Records Notice. Routine use does not include disclosure that subsection (b) of the Privacy Act (5 U.S.C. 552a(b)) otherwise permits.

Senior Agency Official for Privacy means the FHFA employee delegated the authority and responsibility to oversee and supervise the FHFA privacy program and implementation of the Privacy Act.

System of records means a group of records FHFA maintains or controls from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Single records or groups of records that are not retrieved by a personal identifier are not part of a system of records.

§ 1204.3 How do I make a Privacy Act request?

(a) What is a valid request? In general, a Privacy Act request can be made on your own behalf for records or information about you. You can make a Privacy Act request on behalf of another individual as the parent or guardian of a minor or as the guardian of someone determined by a court to be incompetent. You also may request access to another individual's record or information if you have that individual's written consent, unless other conditions of disclosure apply (5 U.S.C. 552a(b)(1) through (12)).

(b) How and where do I make a request? Your request must be in writing. You may appear in person to submit your written request to the Privacy Act Officer, or send your written request to the Privacy Act Officer by electronic mail, regular mail, or fax. The electronic mail address is: privacy@fhfa.gov. The regular mail address is: Privacy Act Officer, Federal Housing Finance Agency, 1625 Eye Street, NW., Washington, DC 20006. The fax number is: (202) 408-2530. For the quickest possible handling, you should mark your electronic mail, letter, or fax and the subject line, envelope, or fax cover sheet "Privacy Act Request."

(c) What must the request include? You must describe the record that you want in enough detail to enable the Privacy Act Officer to locate the system of records containing it with a reasonable amount of effort. Your request should include specific information about each record sought, such as the time period in which you believe it was compiled, the name or identifying number of each system of records in which you believe it is kept, and the date, title or name, author, recipient, and subject matter of the record. As a general rule, the more specific you are about the record that you want, the more likely FHFA will be able to locate it in response to your request.

(d) How do I request amendment or correction of a record? If you are requesting an amendment or correction of any FHFA record, you should identify each particular record in question and the systems of records in which the record is located, describe the amendment or correction that you want, and state why you believe that the record is not accurate, relevant, timely, or complete. You may submit any documentation that you think would be helpful, including an annotated copy of the record.

(e) How do I request for an accounting of disclosures? If you are requesting an accounting of disclosures by FHFA of a record to another person, organization, or Federal agency, you should identify each particular record in question. An accounting generally includes the date, nature, and purpose of each disclosure, as well as the name and address of the person, organization, or Federal agency to which the disclosure was made.

(f) Must I verify my identity? When making requests under the Privacy Act, your request must verify your identity to protect your privacy or the privacy of the individual on whose behalf you are acting. If you make a Privacy Act request and you do not follow these identity verification procedures, FHFA cannot process your request.

(1) How do I verify my identity? To verify your identity, you must state your full name, current address, and date and place of birth. In order to help identify and locate the records you request, you also may, at your option, include your Social Security number. If you make your request in person and your identity is not known to the Privacy Act Officer, you must provide either two forms of identification with photographs, or one form of identification with a photograph and a properly authenticated birth certificate. If you make your request by mail, your signature either must be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. You may fulfill this requirement by having your signature on your request letter witnessed by a notary or by including the following statement just before the signature on your request letter: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]."

(2) How do I verify parentage or guardianship? If you make a Privacy Act request as the parent or guardian of a minor or as the guardian of someone determined by a court to be incompetent, with respect to records or information about that individual, you must establish:

(i) The identity of the individual who is the subject of the record, by stating the individual's name, current address, date and place of birth, and, at your option, the Social Security number of the individual;

(ii) Your own identity, as required in paragraph (f)(1) of this section;

(iii) That you are the parent or guardian of the individual, which you may prove by providing a properly authenticated copy of the individual's birth certificate showing your parentage or a properly authenticated court order establishing your guardianship; and

(iv) That you are acting on behalf of the individual in making the request.

§ 1204.4 How will FHFA respond to my Privacy Act request?

(a) How will FHFA locate the requested records? FHFA will search to determine if requested records exist in the systems of records it owns or controls. You can find descriptions of FHFA systems of records on its Web site at http://www.fhfa.gov, or by linking to http://www.ofheo.gov and http://www.fhfb.gov, as appropriate. You can also find descriptions of OFHEO and FHFB systems of records that have not been superseded on the FHFA Web site. A description of the systems of records also is available in the "Privacy Act Issuances" compilation published by the Office of the Federal Register of the National Archives and Records Administration. You can access the "Privacy Act Issuances" compilation in most large reference and university libraries or electronically at the Government Printing Office Web site at: http://www.gpoaccess.gov/privacyact/index.html. You also can request a copy of FHFA systems of records from the Privacy Act Officer.

(b) How long does FHFA have to respond? The Privacy Act Officer generally will respond to your request in writing within 20 business days after receiving it, if it meets the requirements of § 1204.3. FHFA may extend the response time in unusual circumstances, such as when consultation is needed with another Federal agency (if that agency is subject to the Privacy Act) about a record or to retrieve a record shipped offsite for storage. If you submit your written request in person, the Privacy Act Officer may disclose records or information to you directly with a written record made of the grant of the request. If you are to be accompanied by another person when accessing your record or any information pertaining to you, FHFA may require your written authorization before permitting access or discussing the record in the presence of the other person.

(c) What will the FHFA response include? The written response will include a determination to grant or deny your request in whole or in part, a brief explanation of the reasons for the determination, and the amount of the fee charged, if any, under § 1204.6. If you are granted a request to access a record, FHFA will make the record available to you. If you are granted a request to amend or correct a record, the response will describe any amendments or corrections made and advise you of your right to obtain a copy of the amended or corrected record.

(d) What is an adverse determination? An adverse determination is a determination on a Privacy Act request that:

(1) Withholds any requested record in whole or in part;

(2) Denies a request for an amendment or correction of a record in whole or in part;

(3) Declines to provide a requested accounting of disclosures;

(4) Advises that a requested record does not exist or cannot be located;

(5) Finds what has been requested is not a record subject to the Privacy Act; or

(6) Addresses any disputed fee matter.

(e) What will be stated in a response that includes an adverse determination? If the Privacy Act Officer makes an adverse determination with respect to your request, the written response under this section will state that the Privacy Act Officer is the person responsible for the adverse determination, that the adverse determination is not a final action of FHFA, and that you may appeal the adverse determination under § 1204.5.

§ 1204.5 What if I am dissatisfied with the FHFA response to my Privacy Act request?

(a) May I appeal the response? You may appeal any adverse determination made by the Privacy Act Officer in response to your Privacy Act request. If you wish to seek review by a court of any adverse determination or denial of a request, you first must appeal it under this section.

(b) How do I appeal the response? (1) You may appeal by submitting a written appeal stating the reasons you believe the adverse determination should be overturned. FHFA must receive your written appeal within 30 business days of the date of the Privacy Act Officer's determination under § 1204.4. Your written appeal may include as much or as little related information as you wish, as long as it clearly identifies the determination (including the request number, if known) that you are appealing.

(2) You should transmit your written appeal addressed to the Privacy Act Appeals Officer by electronic mail, regular mail, or fax. The electronic mail address is: privacy@fhfa.gov. The regular mail address is: Privacy Act Appeals Officer, Federal Housing Finance Agency, 1700 G Street, NW., Fourth Floor, Washington, DC 20552. The fax number is: (202) 414-6504. For the quickest possible handling, you should mark your electronic mail, letter, or fax and the subject line, envelope, or fax cover sheet "Privacy Act Appeal." FHFA ordinarily will not act on an appeal if the Privacy Act request becomes a matter of Privacy Act litigation.

(c) Who has the authority to grant or deny appeals? The Privacy Act Appeals Officer is authorized to act on behalf of the Director on all appeals under this section.

(d) When will FHFA respond to my appeal? FHFA generally will respond to you in writing within 30 business days of receipt of an appeal that meets the requirements of paragraph (b) of this section, unless for good cause shown, the Director extends the response time.

(e) What will the FHFA response include? The written response will include the determination of the Privacy Act Appeals Officer; whether to grant or deny your appeal in whole or in part, a brief explanation of the reasons for the determination, and information about the Privacy Act provisions for court review of the determination.

(1) If your appeal concerns a request for access to records or information and the appeal determination grants your access, the records or information, if any, will be made available to you.

(2)(i) If your appeal concerns an amendment or correction of a record and the appeal determination grants your request for an amendment or correction, the response will describe any amendment or correction made to the record and advise you of your right to obtain a copy of the amended or corrected record under this part. FHFA will notify all persons, organizations, or Federal agencies to which it previously disclosed the record, if an accounting of that disclosure was made, that the record has been amended or corrected. Whenever the record is subsequently disclosed, the record will be disclosed as amended or corrected.

(ii) If the response to your appeal denies your request for an amendment or correction to a record, the response will advise you of your right to file a Statement of Disagreement under paragraph (f) of this section.

(f) What is a Statement of Disagreement? (1) A Statement of Disagreement is a concise written statement in which you clearly identify each part of any record that you dispute and explain your reason(s) for disagreeing with the Privacy Act Appeals Officer's denial in whole or in part of your appeal requesting amendment or correction. Your Statement of Disagreement must be received by the Privacy Act Officer within 30 business days of the Privacy Act Appeals Officer's denial in whole or in part of your appeal concerning amendment or correction of a record. FHFA will place your Statement of Disagreement in the system(s) of records in which the disputed record is maintained. FHFA also may append a concise statement of its reason(s) for denying the request for an amendment or correction of the record.

(2) FHFA will notify all persons, organizations, or Federal agencies to which it previously disclosed the disputed record, if an accounting of that disclosure was made, that the record is disputed and provide your Statement of Disagreement and the FHFA concise statement, if any. Whenever the disputed record is subsequently disclosed, a copy of your Statement of Disagreement and the FHFA concise statement, if any, will also be disclosed.

§ 1204.6 What does it cost to get records under the Privacy Act?

(a) Must I agree to pay fees? Your Privacy Act request is your agreement to pay all applicable fees, unless you specify a limit on the amount of fees you agree to pay. FHFA will not exceed the specified limit without your written agreement.

(b) How does FHFA calculate fees? FHFA will charge a fee for duplication of a record under the Privacy Act in the same way it charges for duplication of records under FOIA (5 U.S.C. 552) in 12 CFR 1202.11. There are no fees to search for or review records.

§ 1204.7 Are there any exemptions from the Privacy Act?

(a) What is a Privacy Act exemption? The Privacy Act allows the Director to exempt records or information in a system of records from some of the Privacy Act requirements, if the Director determines that the exemption is necessary.

(b) How do I know if the records or information I want are exempt? (1) Each notice of a system of records will advise you if the Director has determined records or information in records are exempt from Privacy Act requirements. If the Director has claimed an exemption for a system of records, the System of Records Notice will identify the exemption and the provisions of the Privacy Act from which the system is exempt.

(2) Until superseded by FHFA Systems of Records, the following OFHEO and FHFB Systems of Records are, under 5 U.S.C. 552a(k)(2) or (k)(5), exempt from the Privacy Act requirements of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f):

(i) OFHEO-11 Litigation and Enforcement Information System;

(ii) FHFB-5 Agency Personnel Investigative Records; and

(iii) FHFB-6 Office of Inspector General Audit and Investigative Records.

§ 1204.8 How are records secured?

(a) What controls must FHFA have in place? Each FHFA office must establish administrative and physical controls to prevent unauthorized access to its systems of records, unauthorized or inadvertent disclosure of records, and physical damage to or destruction of records. The stringency of these controls should correspond to the sensitivity of the records that the controls protect. At a minimum, the administrative and physical controls must ensure that:

(1) Records are protected from public view;

(2) The area in which records are kept is supervised during business hours to prevent unauthorized persons from having access to them;

(3) Records are inaccessible to unauthorized persons outside of business hours; and

(4) Records are not disclosed to unauthorized persons or under unauthorized circumstances in either oral or written form.

(b) Is access to records restricted? Access to records is restricted only to authorized employees who require access in order to perform their official duties.

§ 1204.9 Does FHFA collect and use Social Security numbers?

FHFA collects Social Security numbers only when it is necessary and authorized. At least annually, the Privacy Act Officer or the Senior Agency Official for Privacy will inform employees who are authorized to collect information that:

(a) Individuals may not be denied any right, benefit, or privilege as a result of refusing to provide their Social Security numbers, unless the collection is authorized either by a statute or by a regulation issued prior to 1975; and

(b) They must inform individuals who are asked to provide their Social Security numbers:

(1) If providing a Social Security number is mandatory or voluntary;

(2) If any statutory or regulatory authority authorizes collection of a Social Security number; and

(3) The uses that will be made of the Social Security number.

§ 1204.10 What are FHFA employee responsibilities under the Privacy Act?

At least annually, the Privacy Act Officer or the Senior Agency Official for Privacy will inform employees about the provisions of the Privacy Act, including the Privacy Act's civil liability and criminal penalty provisions. Unless otherwise permitted by law, an authorized FHFA employee shall:

(a) Collect from individuals only information that is relevant and necessary to discharge FHFA responsibilities;

(b) Collect information about an individual directly from that individual whenever practicable;

(1) The legal authority to collect the information and whether providing it is mandatory or voluntary;

(2) The principal purpose for which FHFA intends to use the information;

(3) The routine uses FHFA may make of the information; and

(4) The effects on the individual, if any, of not providing the information.

(d) Ensure that the employee's office does not maintain a system of records without public notice and notify appropriate officials of the existence or development of any system of records that is not the subject of a current or planned public notice.

(e) Maintain all records that are used in making any determination about an individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual in the determination.

(f) Except for disclosures made under the FOIA, make reasonable efforts, prior to disseminating any record about an individual, to ensure that the record is accurate, relevant, timely, and complete.

(g) When required by the Privacy Act, maintain an accounting in the specified form of all disclosures of records by FHFA to persons, organizations, or Federal agencies.

(h) Maintain and use records with care to prevent the unauthorized or inadvertent disclosure of a record to anyone.

(i) Notify the appropriate official of any record that contains information that the Privacy Act does not permit FHFA to maintain.