81 FR 11268 - Privacy Act of 1974; Systems of Records

FEDERAL HOUSING FINANCE AGENCY

Federal Register Volume 81, Issue 42 (March 3, 2016)

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a (Privacy Act), the Federal Housing Finance Agency (FHFA) gives notice of a complete revision to an existing Privacy Act system of records. The existing system is Correspondence Tracking System (FHFA-3) and is being revised in its entirety. The system is being revised to clarify and update the categories of individuals covered by the system, the categories of records in the system, and the purposes of the system; to reduce the number of routine uses of the information; and to update where to send notifications, and requests or appeals. The revised System will contain information that FHFA will use for tracking and responding to general Correspondence, Consumer Complaints, Congressional correspondence, and inquiries to FHFA's Ombudsman.

[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11268-11270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04744]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2016-N-02]


Privacy Act of 1974; Systems of Records

AGENCY: Federal Housing Finance Agency.

ACTION: Notice of complete revision to an existing system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a (Privacy Act), the Federal Housing 
Finance Agency (FHFA) gives notice of a complete revision to an 
existing Privacy Act system of records.
    The existing system is Correspondence Tracking System (FHFA-3) and 
is being revised in its entirety. The system is being revised to 
clarify and update the categories of individuals covered by the system, 
the categories of records in the system, and the purposes of the 
system; to reduce the number of routine uses of the information; and to 
update where to send notifications, and requests or appeals. The 
revised System will contain information that FHFA will use for tracking 
and responding to general Correspondence, Consumer Complaints, 
Congressional correspondence, and inquiries to FHFA's Ombudsman.

DATES: To be assured of consideration, comments should be received on 
or before April 4, 2016. This revised system of records will become 
effective on April 12, 2016 without further notice unless comments 
necessitate otherwise. FHFA will publish a new notice if the effective 
date is delayed to review comments or if changes are made based on 
comments received.

ADDRESSES: Submit comments to FHFA only once, identified by ``2016-N-
02,'' using any one of the following methods:
     Agency Web site: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. If you submit your 
comment to the Federal eRulemaking Portal, please also send it by email 
to FHFA at [email protected] to ensure timely receipt by the agency. 
Please include ``Comments/No. 2016-N-02'' in the subject line of the 
message.
     Hand Delivered/Courier: The hand delivery address is: 
Alfred M. Pollard, General Counsel, Attention: Comments/No. 2016-N-02, 
Federal Housing Finance Agency, Eight Floor, 400 7th Street SW., 
Washington, DC 20219. The package should be delivered to the Seventh 
Street entrance Guard Desk, First Floor, on business days between 9 
a.m. and 5 p.m.
     U.S. Mail, United Parcel Service, Federal Express, or 
Other Mail Service: The mailing address for comments is: Alfred M. 
Pollard, General Counsel, Attention: Comments/No. 2016-N-02, Federal 
Housing Finance Agency, Eighth Floor, 400 7th Street SW., Washington, 
DC 20219. Please note that all mail sent to FHFA via the U.S. Postal 
Service is routed through a national irradiation facility, a process 
that may delay delivery by approximate two weeks.
See SUPPLEMENTARY INFORMATION for additional information on submission 
and posting of comments.

FOR FURTHER INFORMATION CONTACT: Megan Moore, Special Advisor, Office 
of the Director at (202) 649-3018; or David A. Lee, Senior Agency 
Official for Privacy, [email protected], (202) 649-3803 (not toll free 
numbers), Federal Housing Finance Agency, 400 7th Street SW., 
Washington DC 20219. The telephone number for the Telecommunications 
Device for the Hearing Impaired is (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Comments

    Instructions: FHFA seeks public comments on the revised system of 
records and will take all comments into consideration before issuing 
the final notice. See 5 U.S.C. 552a(e)(4) and (11). In addition to 
referencing ``Comments/No. 2016-N-02,'' please reference the title and 
number of the system of records your comment addresses: 
``Correspondence Tracking System (FHFA-3).''
    Posting and Public Availability of Comments: All comments received 
will be posted without change on the FHFA Web site at http://www.fhfa.gov, and will include any personal information provided, such 
as your name, address (home and email) telephone number and any other 
information you provide. In addition, copies of all comments received 
will be available for examination by the public on business days 
between the hours of 10 a.m. and 3 p.m., at the Federal Housing Finance 
Agency, 400 7th Street SW., Washington DC 20219. To make an appointment 
to inspect comments, please call the Office of General Counsel at (202) 
649-3804.

II. Introduction

    This notice informs the public of FHFA's proposal to revise in its 
entirety an existing system of records. This notice satisfies the 
Privacy Act requirement that an agency publish a system of records 
notice in the Federal Register when there is an addition to the 
agency's system of records. It has been recognized by Congress that 
application of all requirements of the Privacy Act to certain 
categories of records may have an undesirable and often unacceptable 
effect upon agencies in the conduct of necessary public business. 
Consequently, Congress established general exemptions and specific 
exemptions that could be used to exempt records from provisions of the 
Privacy Act. Congress also required that exempting records from 
provisions of the Privacy Act would require the head of an agency to 
publish a determination to exempt a record from the Privacy Act as a 
rule in accordance with the Administrative Procedure Act. The Director 
of FHFA has determined that records and information in this revised 
system of records are not exempt from requirements of the Privacy Act.
    As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to 
paragraph 4c of Appendix I to OMB Circular No. A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
February 8, 1996 (61 FR 6428, 6435

[[Page 11269]]

(February 20, 1996)), FHFA has submitted a report describing the 
revised system of records covered by this notice, to the Committee on 
Oversight and Government Reform of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Office of Management and Budget.
    The revised system of records described above is set forth in its 
entirety below.

    Dated: February 25, 2016.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
FHFA-3

SYSTEM NAME:
    Correspondence Tracking System.

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 
20219, and any alternate work site utilized by employees of the Federal 
Housing Finance Agency (FHFA) or by individuals assisting such 
employees.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    An individual or entity who submits a request or inquiry to FHFA. 
This does not include inquiries or requests made under the Freedom of 
Information Act (5 U.S.C. 552) or the Privacy Act of 1974, as amended 
(5 U.S.C. 552a) which are covered by FHFA's System of Records Notice 
FHFA-13 Freedom of Information and Privacy Act Records.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contact information such as name, address (home, property, mailing, 
and/or business), telephone numbers including cellular telephone 
numbers (personal and business), email (personal and business), and any 
other personally identifiable information an individual or entity 
voluntarily provides to FHFA.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Housing Enterprises Financial Safety and Soundness Act of 
1992, as amended (12 U.S.C. 4501 et seq.).

PURPOSE(S):
    The purpose of the system is to capture and track correspondence 
that FHFA receives from external sources (the general public, Congress, 
FHFA regulated entities, other federal entities, and state and local 
governments). The system will capture information about the sender of 
the correspondence and the nature of the correspondence. The system 
will help ensure FHFA responds to the inquiry in a timely and accurate 
manner.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside FHFA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (1) When (a) it is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (b) FHFA has determined 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 this system or other systems or programs (whether 
maintained by FHFA or another agency or entity) that rely upon the 
compromised information; and (c) the disclosure is made to such 
agencies, entities, and persons who are 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.
    (2) Records in this system may, in the discretion of FHFA, be 
disclosed to any individual during the course of any inquiry or 
investigation conducted by FHFA, or in connection with civil or 
administrative litigation, if FHFA has reason to believe that the 
individual to whom the record is disclosed may have further information 
about the matters related therein, and those matters appeared to be 
relevant at the time to the subject matter of the inquiry.
    (3) A record or information in this system may be disclosed to any 
individual with whom FHFA contracts to reproduce, by typing, photocopy 
or other means, any record within this system for use by FHFA and its 
employees in connection with their official duties or to any individual 
who is utilized by FHFA to perform clerical or stenographic functions 
relating to the official business of FHFA.
    (4) To appropriate federal, state, and local authorities 
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 other administrative body 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, when FHFA is a 
party to the proceeding or has a significant interest in the 
proceeding, to the extent that the information is determined to be 
relevant and necessary.
    (6) 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 that individual.
    (7) To contractor personnel, interns, and others performing or 
working on a contract or project for FHFA.
    (8) To a regulated entity for the purposes of responding to an 
inquiry or request.
    (9) To another Federal agency if the records are relevant and 
necessary to carry out FHFA's authorized functions, or if the other 
Federal agency is the proper agency to respond to the individual 
submitting an inquiry or request to FHFA.
    (10) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(b), to review 
administrative agency policies, procedures and compliance with the 
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic format, paper form, and 
magnetic disk or tape. Electronic records are stored in computerized 
databases. Paper and magnetic disk, or tape records are stored in 
locked file rooms, locked file cabinets and/or safes.

RETRIEVABILITY:
    Records may be retrieved by any of the following: Name, telephone 
number, street address, email address, or assigned file number.

SAFEGUARDS:
    Records are safeguarded in a secured environment. Buildings where 
records are stored have security cameras and 24-

[[Page 11270]]

hour security guard service. Computerized records are safeguarded 
through use of access codes and other information technology security 
measures. Paper records are safeguarded by locked file rooms, locked 
file cabinets, and/or safes. Access to the records is restricted to 
those who require the records in the performance of official duties 
related to the purposes for which the system is maintained.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with the 
appropriate National Archives and Records Administration General 
Records Schedules and FHFA Retention Schedules.

SYSTEM MANAGER(S) AND ADDRESS:
    Office of Congressional Affairs and Communications, Federal Housing 
Finance Agency, 400 7th Street SW., Washington, DC 20219.

NOTIFICATION PROCEDURES:
    Direct inquiries as to whether this system contains a record 
pertaining to an individual to the Privacy Act Officer. Inquiries may 
be mailed to the Privacy Act Officer, Federal Housing Finance Agency, 
400 7th Street SW., Washington, DC 20219, or electronically at http://www.fhfa.gov/AboutUs/FOIAPrivacy/Pages/Privacy.aspx in accordance with 
the procedures set forth in 12 CFR part 1204.

RECORD ACCESS PROCEDURES:
    Direct requests for access to a record to the Privacy Act Officer. 
Requests may be mailed to the Privacy Act Officer, Federal Housing 
Finance Agency, 400 7th Street SW., Washington, DC 20219, or can be 
submitted electronically at http://www.fhfa.gov/AboutUs/FOIAPrivacy/Pages/Privacy.aspx in accordance with the procedures set forth in 12 
CFR part 1204.

CONTESTING RECORD PROCEDURES:
    Direct requests to contest or appeal an adverse decision for a 
record to the Privacy Act Appeals Officer. Requests may be mailed to 
the Privacy Act Appeals Officer, Federal Housing Finance Agency, 400 
7th Street SW., Washington, DC 20219, or can be submitted 
electronically at http://www.fhfa.gov/AboutUs/FOIAPrivacy/Pages/Privacy.aspx in accordance with the procedures set forth in 12 CFR part 
1204.

RECORD SOURCE CATEGORIES:
    Information is provided by individuals and entities.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2016-04744 Filed 3-2-16; 8:45 am]
BILLING CODE 8070-01-P