SUPPLEMENTARY INFORMATION:

I. Comments

FHFA seeks public comments on the revisions to the SORN identified in this notice and will take all comments into consideration. The Agency will post all public comments, including any personally identifiable information such as name and contact information, on the FHFA public website at www.fhfa.gov, except as described below. Commenters should submit only information that the commenter wishes to make available publicly. FHFA will not redact personally identifiable information once it is submitted. Commenters who do not wish to be identified by their comments may submit their comments anonymously. FHFA may post only a single representative example of identical or substantially identical comments, and in such cases will generally identify the number of identical or substantially identical comments represented by the posted example. FHFA may, in its discretion, redact or refrain from posting all or any portion of any comment that contains content that is obscene, vulgar, profane, or threatens harm. All comments, including those that are redacted or not posted, will be retained in their original form in FHFA's internal file and considered as required by all applicable laws. Commenters who would like FHFA to consider any portion of their comment exempt from disclosure on the basis that it contains trade secrets, or financial, confidential or proprietary data or information, should follow the procedures in section IV.D. of FHFA's Policy on Communications with Outside Parties in Connection with FHFA Rulemakings, see www.fhfa.gov/​sites/​default/​files/​documents/​Ex-Parte-Communications-Public-Policy_​3-5-19.pdf. FHFA cannot guarantee that such data or information will remain confidential if disclosure is sought pursuant to an applicable statute or regulation. See 12 CFR 1202.8, 12 CFR 1214.2, and FHFA's FOIA Reference Guide at www.fhfa.gov/​about/​foia-reference-guide for additional information.

II. Introduction

This notice informs the public of FHFA's proposed revisions to an existing system of records. This notice satisfies the Privacy Act requirement that an agency publishes a system of records notice in the Federal Register when there is an addition or change to an agency's system of records. As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to section 7 of Office of Management and Budget (OMB) Circular No. A-108, Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act, prior to publication of this notice, FHFA submitted a report describing the system of records covered by this notice to the OMB, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

III. Revised System of Records

The revised system of records notice is set out in its entirety and described in detail below. The proposed modification to the “Payroll, Retirement, Time and Attendance, and Leave Records, FHFA-15” makes the following substantive and non-substantive changes:

(1) Modifies the system's security classification consistent with OMB guidance;

(2) Updates the system's location by adding references to FHFA-authorized service providers and contractor networks;

(3) Updates the contact information for the designated system manager;

(4) Revises the legal authorities identified in the Authority for Maintenance of the System section;

(5) Revises the purpose of the system to include support for the telework and other human resources functions of the Agency, as well as to allow for the Agency to contact employees or their designated emergency contacts in the event of a health or safety emergency, including to confirm the well-being of an employee;

(6) Revises the Categories of Records in the System section by adding “date of birth” and employees' emergency contact information;

(7) Revises existing routine use (6), which provides for disclosure “[t]o appropriate third parties contracted by FHFA to facilitate mediation or other dispute resolution procedures or programs” by adding language clarifying that such disclosures are limited to records relevant to the dispute and where the dispute relates to the purpose for which the records were collected; ( printed page 55586)

(8) Revises existing routine use (10), which provides for disclosure “[t]o the Department of the Treasury, Bureau of the Public Debt to provide financial management services and systems, including local and temporary duty travel, involving FHFA employees” by deleting the sub-office Bureau of Public Debt to ensure the appropriate office is identified in case of an office name change;

(9) Revises existing routine use (11), which provides for disclosure “[t]o the Internal Revenue Service and appropriate State and local taxing authorities” by narrowing the scope and including the caveat that the disclosure will be made if the employee is subject to tax by that authority and to the extent necessary for that entity to carry out its legally authorized functions, whether or not tax is withheld;

(10) Adds new routine use (20), which provides for disclosure “[t]o officials of a labor organization when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions”;

(11) Adds new routine use (21), which provides for disclosure “[t]o 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”;

(12) Adds new routine use (22), which provides for disclosure “[t]o a court, magistrate, or administrative tribunal, including disclosures to opposing counsel or witnesses, shared in the course of discovery, litigation, or settlement negotiations or in connection with criminal law proceedings or in response to a subpoena from a court of competent jurisdiction if the requested information is relevant and necessary to the pending judicial or administrative proceeding”;

(13) Adds new routine use (23), which provides for disclosure “[t]o OMB, DOJ, Department of Labor, Office of Personnel Management, Equal Employment Opportunity Commission, U.S. Office of Special Counsel, Department of Homeland Security, or other Federal agencies, to obtain advice regarding statutory, regulatory, policy, and other requirements related to the purpose for which FHFA collected the records”;

(14) Adds new routine use (24), which provides for disclosure “[t]o the U.S. Department of the Treasury when disclosure of the information is relevant to review payment and award eligibility through the Do Not Pay Working System for the purposes of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds, including funds disbursed by a state (meaning a state of the United States, the District of Columbia, a territory or possession of the United States, or a federally recognized Indian tribe) in a state-administered, federally funded program in accordance with Executive Order 14249”;

(15) Updates the “Policies and Practices for Storage of Records” section to include FHFA's authorized contractor and shared-service provider networks;

(16) Updates the “Policies and Practices for Retention and Disposal of Records” section to add the Agency's retention practices regarding legal holds and disposal procedures;

(17) Revises the Administrative, Technical, and Physical Safeguards to replace “access codes” with “role-based access controls”; and

(18) Makes minor corrections and other administrative updates to the remaining sections of the notice in accordance with OMB Circular A-108 and related OMB guidance.

SYSTEM NAME AND NUMBER:

Payroll, Retirement, Time and Attendance, and Leave Records, FHFA-15.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219, and any alternate work site used by employees of FHFA, including contractors assisting agency employees, FHFA-authorized service providers, and FHFA-authorized contractor networks located within the Continental United States and Department of the Interior, Interior Business Center, 7301 W. Mansfield Avenue, Lakewood, CO 80235.

SYSTEM MANAGER(S):

Chief Human Resources Officer, Office of Human Resources Management, Federal Housing Finance Agency, (202) 557-6191, OHRMpayroll@fhfa.gov, 400 Seventh Street SW, Washington, DC 20219.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

12 U.S.C. 4513(a)(2)(B); 12 U.S.C. 4515; 5 U.S.C. Chapter 55; 5 U.S.C. Chapter 61; 5 U.S.C. Chapter 63; 5 U.S.C. 6501-6506; 5 U.S.C. Chapter 83; 5 U.S.C. Chapter 84.

PURPOSE(S) OF THE SYSTEM:

The purpose of the system of records is for FHFA to support operations for payroll, time and attendance, leave, telework, insurance, tax, retirement, benefits and other human resources functions; to prepare related reports to other Federal agencies including the U.S. Department of the Treasury and the Office of Personnel Management; and to locate and contact FHFA employees and former employees and determine such matters as their position, period of service, type of leave, benefits, pay, work history, and work agreements. Emergency contact information in the system may be used by authorized individuals to contact employees or their designated emergency contacts in the event of a health or safety emergency or to confirm the well-being of an employee.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains records on current and former employees, detailees, and individuals who work at FHFA under the Intergovernmental Personnel Act. This system may also include limited information regarding these individuals' spouses, dependents, emergency contacts, beneficiaries, or estate trustees.

CATEGORIES OF RECORDS IN THE SYSTEM:

The records in the system include the individual's name; home address and alternate work locations; telephone numbers; Social Security number; date of birth; organization code; pay rate; salary; grade; length of service; pay and leave records; source documents for posting time and leave attendance; and payroll deductions for Medicare, Old-Age, Survivors, and Disability Insurance (OASDI, also known as Social Security), bonds, Federal Employee Group Life Insurance, union dues, taxes, allotments, retirement, charitable contributions, Federal Government and commercial health benefits, Flexible Spending Account, Long Term Care Insurance, Thrift Savings Plan contributions, and 401(k) plan contributions. Records also contain information regarding awards; shift schedules; pay differential; tax lien data; wage garnishments; work agreements, locations, and schedules; and any other information pertaining to payroll, retirement, time and attendance, leave and other human resources functions. The system also includes emergency contact information for employees (including personal and work address; personal and work email address; personal and work phone numbers and mobile numbers) and individuals they designate as emergency contacts (including name; relationship to employee; personal, work and mobile phone numbers; and home address). The payroll, retirement, and leave ( printed page 55587) records described in this notice form a part of the information contained in the Interior Business Center's integrated Federal Personnel and Payroll System (FPPS). Some personnel and payroll records contained in the systems of shared service providers may also be covered under the government-wide system of records notices published by the Office of Personnel Management (OPM/GOVT-1 and OPM/GOVT-5).

RECORD SOURCE CATEGORIES:

Record sources include individuals on whom the records are maintained, official personnel and payroll records of individuals on whom the records are maintained, work agreements, time and attendance records, withholding certificates, third-party benefit providers, and other pay-related records prepared by the individual or the Office of Human Resources Management. Records and information covered by this SORN may also be obtained from the individual's supervisor.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records and information contained therein may specifically be disclosed outside of FHFA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows, to the extent such disclosures are compatible with the purposes for which the information was collected:

(1) To appropriate agencies, entities, and persons when—

(a) FHFA suspects or has confirmed that there has been a breach of the system of records;

(b) FHFA has determined that as a result of a suspected or confirmed breach there is a risk of harm to individuals, FHFA (including its information systems, programs, and operations), the Federal Government, or national security; and

(c) The disclosure is made to agencies, entities, and persons as reasonably necessary to assist with FHFA's efforts to:

(i) Respond to a suspected or confirmed breach; or

(ii) Prevent, minimize, or remedy harm caused by such breach.

(2) To a Federal agency or Federal entity, when FHFA determines information from the system of records is reasonably necessary to assist the recipient agency or entity in:

(a) Responding to a suspected or confirmed breach; or

(b) Preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or to national security, resulting from a suspected or confirmed breach.

(3) When there is an indication of a violation or potential violation of law (whether civil, criminal, or regulatory in nature or whether arising by general statute or particular program statute or by regulation, rule, or order issued pursuant thereto), the relevant records in the system of records may be referred, as a routine use, to the appropriate agency ( e.g., federal, state, local, tribal, foreign or a financial regulatory organization) charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing a statute, rule, regulation or order issued pursuant thereto.

(4) To any individual during the course of any inquiry or investigation conducted by FHFA, or in connection with civil litigation, if FHFA has reason to believe the individual to whom the record is disclosed may have further information about the matters related thereto, and the record appears to be relevant and necessary at the time to the subject matter of the inquiry.

(5) To any contractor, agent, or other authorized individual performing work on a contract, service, cooperative agreement, job, or other activity on behalf of FHFA who has a need to access the information in the performance of their official duties or activities.

(6) To appropriate third parties contracted by FHFA to facilitate mediation or other dispute resolution procedures or programs, where the record is relevant to the dispute and the dispute is related to the purpose for which the record was collected.

(7) To outside counsel contracted by FHFA, the Department of Justice (DOJ) (including United States Attorney Offices), or other Federal agencies conducting litigation or in proceedings before any court, or adjudicative or administrative body, when it is relevant and necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

(a) FHFA;

(b) Any employee of FHFA in his/her official capacity;

(c) Any employee of FHFA in his/her individual capacity where DOJ or FHFA has agreed to represent the employee; or

(d) The United States or any agency thereof that is a party to the litigation or has an interest in such litigation, and FHFA determines that the records are both relevant and necessary to the litigation.

(8) To the National Archives and Records Administration or other Federal agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

(9) To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is relevant and necessary to such audit or oversight functions.

(10) To the Department of the Treasury to provide financial management services and systems, including local and temporary duty travel, involving FHFA employees.

(11) To the Internal Revenue Service and appropriate state and local taxing authorities if the employee is subject to tax by that authority and to the extent necessary for that entity to carry out its legally authorized functions, whether or not tax is withheld.

(12) To appropriate Federal agencies to effect salary or administrative offsets, or for other purposes connected with the collection of debts owed to the United States.

(13) To the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services for purposes of locating individuals to establish paternity and establish and modify orders of child support enforcement actions as required by the Personal Responsibility and Work Opportunity Reconciliation Act, the Federal Parent Locator System, and the Federal Tax Offset System.

(14) To the Office of Child Support Enforcement for release to the Social Security Administration for verifying Social Security numbers in connection with the operation of the Federal Parent Locator System by the Office of Child Support Enforcement.

(15) To the Office of Child Support Enforcement for release to the U.S. Department of the Treasury for purposes of administering the Earned Income Tax Credit Program and verifying a claim with respect to employment in a tax return.

(16) To commercial benefit providers, carriers, vendors, contractor personnel, and agents to process claims and provide related administrative services involving FHFA employees.

(17) To any Federal, state, or local government agency compiling tax withholding, retirement contributions, or allotments to charities, labor unions, wage garnishments, and other authorized recipients. ( printed page 55588)

(18) To any member of the public for employment verification at an employee's written request.

(19) To any judgment creditor for the purpose of wage garnishment.

(20) To officials of a labor organization when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions.

(21) 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.

(22) To a court, magistrate, or administrative tribunal, including disclosures to opposing counsel or witnesses, shared in the course of discovery, litigation, or settlement negotiations or in connection with criminal law proceedings or in response to a subpoena from a court of competent jurisdiction if the requested information is relevant and necessary to the pending judicial or administrative proceeding.

(23) To OMB, DOJ, Department of Labor, Office of Personnel Management, Equal Employment Opportunity Commission, U.S. Office of Special Counsel, Department of Homeland Security, other Federal agencies, to obtain advice regarding statutory, regulatory, policy, and other requirements related to the purpose for which FHFA collected the records.

(24) To the U.S. Department of the Treasury when disclosure of the information is relevant to review payment and award eligibility through the Do Not Pay Working System for the purposes of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds, including funds disbursed by a state (meaning a state of the United States, the District of Columbia, a territory or possession of the United States, or a federally recognized Indian tribe) in a state-administered, federally funded program in accordance with Executive Order 14249.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

Records are maintained in electronic format. Electronic records are stored on FHFA's secured network, the networks of FHFA-authorized cloud service providers, FHFA-authorized contractor networks, or the networks of other Federal agencies (or their authorized contractors) acting as shared service providers for FHFA. All networks are located within the Continental United States. All records for the system that are stored in paper format or on magnetic disk or tape have been moved off-site to Federal Records Centers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

The records are retrieved by the individual's name, Social Security number, birth date, or other personal identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

The records are retained and managed in accordance with FHFA's Comprehensive Records Schedule and the National Archives and Records Administration's General Records Schedule. Records are destroyed or deleted according to the retention schedule associated with the relevant records schedule, but longer retention is authorized for business use and any applicable legal holds. Paper and microform records ready for disposal are destroyed by shredding or maceration. Records in electronic media are electronically erased using accepted techniques.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

The electronic records are safeguarded in a secured environment and protected by controlled access procedures through the use of role-based access controls and other information technology security measures. Buildings where records and computerized systems are stored have security cameras and 24-hour security guard service. Access to records is restricted to only FHFA employees, FHFA contractors, and the employees and contractors of FHFA's shared service providers who require access in the performance of official duties related to the purposes for which the system of records is maintained.

RECORD ACCESS PROCEDURES:

Individuals seeking access to and/or amendment of records about themselves contained in this system of records should follow the “Notification Procedures” below.

CONTESTING RECORD PROCEDURES:

Individuals seeking access to and/or amendment of records about themselves contained in this system of records should follow the “Notification Procedures” below.

NOTIFICATION PROCEDURES:

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.

HISTORY:

The system of records notice was last published in the Federal Register at 77 FR 499 on January 5, 2012, 80 FR 60900 on October 8, 2015, and 88 FR 80300 on November 17, 2023.

91 FR 55584